Communications over rental disputes should always be in writing – Keep copies!
Please review the Landlord/Tenant Statutes for further information.
The Clerk is not an attorney and cannot give legal advice!
You may use a law library to look up statutes that cover Eviction Actions. Chapter 10 of the Arizona Revised Statutes covers the Arizona Residential Landlord and Tenant Act . If you are unable to find the information you need in the statutes, you should contact an attorney for assistance.
If your case is not filed properly and/or the proper notices are not given, your case will be dismissed without prejudice and you will have to refile.
Only the following can file a complaint:
- A property owner
- An attorney
- An officer of a corporation authorized to represent the corporation
- A Party satisfying the standard of Supreme Court Rule 31.
*No property manager or other agent may appear for the landlord.*
Complaints may be filed Monday - Thursday 8:00 am - 4:30 pm. The Court is closed 12:00 - 1:00 pm for lunch.
Foreclosure – For a new owner to evict a prior tenant, see A.R.S. § 12-1173.01 – File in Superior Court.
An Eviction Action cannot be filed if a person entered into possession of a property without the consent of the owner.
Eviction (Forcible Detainer) Actions
An eviction is a type of lawsuit called a forcible detainer. An eviction/forcible detainer indicates that the tenant has remained in or on the property after the landlord has given written notice that the rental agreement has been terminated and that the tenant must leave the property. A landlord can file an eviction/forcible detainer action against a tenant for nonpayment of rent, if the tenant has breached the lease, or if the tenant has committed a crime. An eviction/forcible detainer action seeks the eviction of the tenant and the repossession of the rental property. They may also be filed if the tenant misrepresented information to the landlord or has unauthorized occupants in the residence.
Most eviction/forcible detainer actions involve an allegation that the tenant has not paid rent on time. If a tenant fails to pay rent, the landlord can give notice that he will terminate the lease if the rent is not paid within five days. After the five-day notice, the landlord will most likely not be willing to accept a partial payment because he will not be able to proceed with the case unless the tenant agrees in writing that the landlord can do so (A.R.S §33-1371). On day six, the landlord can file suit with the Court ($35.00 filing fee). The tenant’s inability to pay the rent is not a legal defense to the lawsuit. However, the tenant does have some options. The tenant can pay all of the rent and any late fees any time before the eviction/forcible detainer is filed to avoid eviction. If the action has been filed, then the tenant must pay all past due rent, late fees, attorney fees and court costs. If the tenant does so before a judgment is entered, he can avoid eviction. After a judgment has been entered, reinstatement of the lease is solely at the landlord’s discretion.
Eviction Action for Non Payment of Rents – ARS §33-1375
Rents owed cannot exceed $10,000.00
Landlord/owner gives tenant Notice. If tenant remains and does not pay all rents, on 6th day landlord may file Complaint with Court (Filing Fees). A Summons will issue (You may use the constable or a private process server to serve the documents.). Proof of Service must be in the Court prior to your Trial. Trial will be set within 6 Judicial (working) days.
Trial may be postponed up to three days for good reason and with the Judge’s approval.
Trial – Bring all evidence and witnesses with you that are needed to support your case. This includes notices, lease, receipts, etc.
If defendant has not vacated the premises five (5) calendar days after the Judgment is entered, a Writ of Restitution may issue on the 6th day. The constable may then evict the tenant. Please see our Fee Schedule page for applicable fees. Please see our Writ of Restitution page for further information.
Breach of Lease – ARS §33-1368
For noncompliance, Landlord delivers 10-day Notice to tenant to remedy specific breaches, indicating that the Rental Agreement will terminate in 14 days. If breach is not remedied, on the 15th day the landlord (Plaintiff) may file a Complaint with the Court (Filing Fees). Trial is set within 6 Judicial (working) days from the date of filing. A Summons will issue (must be served by constable or a private process server ). Ask clerk for assistance with this procedure. Proof of Service must be in the Court prior to the Trial. Bring witnesses & evidence to support your case. Agreements for work in lieu of rents should always be in writing.
Breach of Lease – Health & Safety – ARS §33-1368
For noncompliance, Landlord delivers 5-day Notice to tenant to remedy specific breaches indicating the Rental Agreement will terminate in 10 days. If breach is not repaired, on the 11th day, Landlord (Plaintiff) may file a Complaint with the Court (Filing Fees). Trial is set within six (6) Judicial (working) days from the date of filing. A Summons will issue (must be served by constable or a private process server ). The Clerk may assist with service procedures by the Constable or provide you with a list of private process servers. Proof of service must be in the Court prior to the Trial. Bring witnesses & evidence to support your case. Agreements for work in place of rents should always be in writing.
Irreparable Breach – ARS §33-1368
Pursuant to breach of contract on tenant’s premises (e.g. discharge of weapon, homicide, gang activity, drug trafficking, threats, assault, anything that jeopardizes the health, safety and welfare of the landlord or involving imminent or actual serious property damage), the Landlord delivers written Notice. Landlord files Complaint (Filing Fees) and Trial is set within three (3) days. The Summons is issued and served A.S.A.P. (must be served by constable or a private process server ). If Judgment is granted in favor of Plaintiff, the tenant has not less than 12 hours or more than 24 hours to leave the premises.
Termination of Month to Month Tenancy – ARS §33-1375
The Landlord gives tenant Notice prior to the rental due date. After 30 days have lapsed, and if tenant has not vacated premises, landlord may file Complaint with the Court (Filing Fees), and Trial is set within six (6) days. The Summons is issued and served (must be served by constable or a private process server ). If the landlord prevails, the tenant has 5 days to vacate the property.
5 Day Notice to Vacate – ARS § 1173.01
Used for evicting tenants who remain on the property after a designated Lease Agreement has expired. Landlord gives tenant Notice. After 5 days, if tenant has not vacated property, landlord may file a Complaint with the Court (Filing Fees), and Trial is set within six (6) days. The Summons is issued and served (must be served by constable or a private process server). If the landlord prevails, the tenant has 5 days to vacate the property.
See A.R.S. § 33-1370
Rental Statutes (All links are off-site)