Posted in Blog  
  on Oct 08, 2015

What Is the Eviction Process in Arizona

If a tenant violates a rule or stipulation in their rental agreement, then landlords have the ability to initiate the eviction process. How that process plays out depends on what rules have been broken. What is the eviction process in Arizona? Here are the key points to consider.

5 Days of Notice is Required for Nonpayment of Rent

If the rent is not paid on the agreed upon date, then landlords may issue a 5 day notice that requires a payment. Should the rent not be paid by this time, then the notice is supposed to inform tenants that their lease will terminate. If the rent and any late fees are paid before the expiration of the notice, then the eviction process stops. A tenant can request the cancellation of this notice in writing. Failing to move out or pay the rent allows a landlord to move to the next step.

10 Days of Notice is Required for Most Lease Violations

With exceptions for illegal activities and willful damage, 10 days of notice is required for tenants that are in violation of a rule in the lease. As with the nonpayment of rent, this notice allows for the tenant to get back into compliance without their lease terminating.

24 Hour Breaches Are Available

Tenants that commit a crime “at or near” their rental property may find a 24 hour immediate and irrepairable breach notice. Tenants that fail to move out in 24 hours allow landlords to move to the next step.

The Next Step: Filing for an Eviction

Landlords that have tenants who are out of compliance can file a complaint with the court. Tenants who are past due on rent can still have their lease reinstated if the pay legal costs and reasonable attorney's fees in addition to their past due rent. Even with an agreement in place, a landlord can have a default judgment issued if the court proceedings occur without a tenant appearing.

Tenants who lose their eviction case have 5 calendar days to gather their possessions and move out of a rental unit. Failing to do so will allow the landlord to request and receive a writ of restitution which allows a law enforcement official to forcibly remove tenants from the property. If a 24 hour breach notice was given and upheld by the court, then just 12-24 hours is allowed for a tenant to move out. Appeals are allowed, which may take up to 90 days. Bonds may be required to be posted if an appeal is filed. The eviction process in Arizona leaves no question as to what the final outcome will be. Tenants who win their eviction case are allowed to remain and potentially have their legal fees paid by the landlord. Follow these steps to make sure the legal process goes as smoothly as possible.


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