By Type
Pay or Quit – An Arizona Pay or Quit notice is used when a tenant falls behind on rent. It lets the tenant know payment must be made within the legal notice period or they must move out. Ignoring the notice allows the landlord to start the eviction.
Cure or Quit – A Cure or Quit notice in Arizona is sent when a tenant breaks a lease rule other than nonpayment. The notice explains what needs to be fixed and gives the tenant time to correct the issue. If the violation continues, eviction may follow.
Termination of Month-to-Month Tenancy (30-Day Notice) – This notice is used when a landlord chooses to end a month-to-month rental without renewing it. It gives the tenant advance notice that the tenancy will be ending and that they need to prepare to vacate.
Notice to Quit for Illegal Activity – An Arizona Notice to Quit for Illegal Activity is issued when a tenant is involved in unlawful conduct on the property. These notices often do not allow a chance to fix the issue and may require the tenant to leave promptly.
Eviction Laws
Before filing an eviction lawsuit, the landlord must give the tenant written notice. The notice period depends on the reason for eviction.
- Rent Grace Period: As stated in the lease agreement.[1]
- Irreparable Breach: Immediate termination.[2]
- Non-Payment of Rent: 5-day notice.[3]
- Material Non-Compliance: 10-day notice.[4]
- Termination of Month-to-Month Tenancy: 30-day notice.[5]
- Eviction Lawsuit Type: Forcible Entry and Detainer (FED).[6]
Each notice must clearly state the violation and the tenant’s deadline to fix the issue or move out, if a cure is allowed.
Prohibited Landlord Actions
The landlord must provide the rental unit in a safe, livable condition and ensure continuous access to essential utilities, including water, electricity, and gas.[7][8]
If utilities are not provided:
- The tenant may issue a 5-day notice to terminate the lease
- If the failure is not in good faith, the tenant may recover up to two months’ rent or twice the actual damages, whichever is greater.[9]
A landlord may not change the tenant’s locks without a court order—even for unpaid rent or lease violations.[10] Removal must occur through the court and be enforced by law enforcement.
How to Evict a Tenant in Arizona (Step-by-Step)
Step 1: Give Written Notice to the Tenant
Before filing with the court, the landlord must serve the appropriate eviction notice based on the violation:
- 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 Termination)
Delivery: Notices may be delivered by hand or certified mail. If mailed, notice is considered received on the date of delivery or five days after mailing to the address listed in the lease.[11]
Step 2: Wait for the Tenant’s Response
The landlord must wait through the notice period to see if the tenant:
- Pays the rent
- Cures the violation
- Vacates the property
If the tenant does not comply, the landlord may proceed with court action one business day after the notice period ends.[12]
Step 3: File the Eviction Case with the Court
The landlord must file the following:
- Lease agreement (including addendums)
- Complaint (AOC LJEA2F) – 3 copies (4 if two tenants)
- Summons (AOC LJEA1F) – 3 copies (4 if two tenants)
- Six months of payment records (required for non-payment cases)[13]
Filing fees vary by county, typically ranging from $35 to $110, including:
- Maricopa County – $63[14]
- Mohave County – $45[15]
- Pima County – $103[16]
- Pinal County – $55[17]
- Yavapai County – $35[18]
Step 4: Serve the Tenant
After filing, the court sets a hearing date. The tenant must be served with:
Service must be completed by a sheriff, constable, or licensed process server at least two days before the hearing.[19]
Step 5: Appear in Court
Both parties must attend the hearing. If the judge rules in favor of the landlord:
- The tenant generally has 5 days to move out
- For non-payment of rent only, the tenant may reinstate the lease by paying all rent, penalties, court costs, and attorney’s fees before the judgment is signed.[20]
Step 6: Serve the Writ of Restitution
If the tenant does not vacate within 5 days of judgment, the landlord may request a Writ of Restitution. Once approved, the writ is served by a sheriff or constable, and the tenant is physically removed if necessary. Remaining on the property without consent after service may result in criminal trespass charges.[21]
Court Forms & Resources
- Answer (LJEA00004F)
Filed by the tenant to admit or deny the allegations. Must be filed with the court clerk along with the filing fee. - Complaint (AOC LJEA2F)
Filed by the landlord after serving proper notice. This officially starts the eviction lawsuit. - Summons (AOC LJEA1F)
Notifies the tenant of the court date and must be served with the complaint. - Residential Eviction Information Sheet (REIS)
Provides tenants with instructions on responding to the eviction. - Writ of Restitution
Issued after judgment and enforced by a sheriff or constable to remove the tenant.
Sources
- A.R.S. § 33-1314(C)
- A.R.S. § 33-1368(A)(2)
- A.R.S. § 33-1368(A)(2)
- A.R.S. § 33-1368(A)(2)
- A.R.S § 33-1375(B)
- A.R.S. § 12-1171
- A.R.S. § 33-1324(4)
- A.R.S. § 33-1367
- A.R.S. § 33-1362
- Arizona Tenants’ Rights and Responsibilities Handbook (Page 13)
- A.R.S. 33-1313(b)
- www.azcourts.gov/legalinfohub/Legal-Process-Sheets/Eviction-Actions
- www.azcourts.gov/legalinfohub/Legal-Info-Sheets/Landlord-Tenant-Disputes-amp-Eviction/Non-Payment-of-Rent#Complaint
- www.justicecourts.maricopa.gov/about-us/justice-court-fees
- www.mohavecourts.com/filing-fees
- www.jp.pima.gov/Forms/Forms.html
- www.pinalcourtsaz.gov/192/Filing-Fees
- www.courts.yavapaiaz.gov/verdevalleyjc/fee-schedule
- www.azcourts.gov/legalinfohub/Legal-Process-Sheets/Eviction-Actions
- A.R.S. § 33-1368(B)
- www.azcourts.gov/legalinfohub/Legal-Info-Sheets/Landlord-Tenant-Disputes-amp-Eviction/After-an-Eviction-Judgment