Updated August 16, 2023
An Arizona eviction notice is a written letter from a landlord to a tenant stating that they have a certain number (#) of days to either fix the lease violation or vacate the premises. If the tenant does neither then the landlord may pursue legal action by filing a Complaint and Summons with the Justice Court and paying the filing fee (amount ($) depends on the county).
By Type (4)
Immediate Notice (Irreparable Breach) – This form informs the tenant that they have breached the lease and must leave the premises immediately.
Download: PDF
5-Day Notice (Non-Payment of Rent) – This form informs the tenant that their rent is in arrears and that they have five days to either pay what is owed or vacate the premises.
Download: PDF
10-Day Notice to Quit (Non-Compliance) – This form provides notice to the tenant that they are in breach of a material provision in the lease and that they have ten days to remedy the breach or vacate the property.
Download: PDF
30-Day Notice to Quit (Month-to-Month Tenancy) – This form is used to inform a tenant under a lease of notice of termination of the lease within 30 days of the notice. It gives the tenant 30 days to leave the property.
Download: PDF
Table of Contents |
Eviction Laws
- Rent Grace Period: Date stipulated on the lease. A.R.S. § 33-1314(d)
- Irreparable Breach: Immediate A.R.S. § 33-1368(A)(2)
- Non-Payment of Rent: 5 days. A.R.S. § 33-1368(A)(2)
- Material Non-Compliance: 10 days. A.R.S. § 33-1368(A)(2)
- Termination (Month-to-Month Lease): 30 days. A.R.S § 33-1375(B)
- Eviction Lawsuit: Forcible Entry and Detainer. A.R.S. §§ 12-1171 – 12-1183
Court Forms
Answer (LJEA00004F) – This form is used by the tenant to either admit or deny the allegations made against them. The form is to be duplicated and filed with the court clerk along with the filing fee.
Complaint (AOC LJEA2F) – The Complaint form is to notify the tenant, following the delivery of a written notice, that the landlord is in fact suing them. A copy of the complaint should be delivered to the court as well as served on the tenant.
Summons AOC LJEA1F – The Summons form is used to notify the tenant that they are summoned to the court on the date specified therein. This should be delivered to the tenant along with the complaint form.
Residential Eviction Information Sheet – The REIS can be served along with the complaint and summons to provide the tenant with the information necessary to admit to or reject the claims made against them.
Writ of Restitution – A document applied for by the landlord and served on the tenant by a constable who will direct the tenant to vacate the property.
When is Rent Late?
Rent is payable on the due date as set forth in the lease. A landlord may commence proceedings if the rent has not been paid within five days of the due date (ARS § 33-361).
How to Evict (Process) (6 steps)
- Give Notice to the Tenant
- Wait for the Tenant
- File with the Court
- Set a Hearing Date
- Appear in Court
- File the Writ with the Sheriff’s Office
In Arizona, the eviction process must comply with the Arizona Landlord Tenant Act. A landlord can represent him or herself or obtain the services of an attorney to make the filings in the Justice Court.
1. Give Notice to the Tenant
Before any filings are made with the court, the landlord must provide written notice to the tenant that the eviction process has begun. Download one of the following forms, depending on your situation:
- Notice of Irreparable Breach
- 5-Day Notice (Non-Payment of Rent)
- 10-Day Notice to Quit (Material Non-Compliance)
- 30-Day Notice to Quit (Month to Month)
Certificate of Acknowledgment – Complete the document carefully and then hand-deliver the notice directly to the tenant (placing on the door is not sufficient). Alternatively, you may use certified mail, but you must add on three (3) days to the notice requirement.
3. File with the Court
Initially, the landlord must file a Complaint and Summons with the Justice Court in the County in which the property in question is located. You will need at least five (5) copies of each of the Complaint and Summons for filing, yourself, two copies for the defendant, and one copy for the process server. These copies, plus a copy of the notice that was delivered to tenant and the Residential Eviction Information Sheet must be brought to the Justice Court.
With the documents to be filed, the landlord will also need to pay filing fees in the amount of $32.
5. Appear in Court
All parties must appear on the date of the hearing with a copy of the Judgment for the court to sign. If the Tenant contests the action, the Court will order a trial on the merits of the argument presented by the defendant.
6. File the Writ with the Sheriff’s Office
Should the landlord receive the judgment, they will be able to file for a Writ of Restitution with the Sheriff’s office. This will command them to serve the warning on the tenant letting them know that they will be trespassing should they not vacate the premises.