An Arizona eviction notice is a written notice from the landlord to the tenant explaining that the tenant has a certain number of days to either fix their breach of the lease or vacate the premises. If tenant neither remedies the breach, nor vacates the premises, the landlord may file a Complaint and Summons in the Justice Court in the county where the property is located. The complaint will have to be served by a process server no later than two days before the initial hearing. The tenant will be provided the opportunity to contest the claim through an Answer, at which point the court will set a trial date.
Types of Notices
Notice of Irreparable Breach (Immediate) – This form informs the tenant that they have breached the lease and must leave the premises immediately.
5-Day Notice (Non-Payment of Rent) – This form provides notice to tenant that their rent is in arrears and that they have five days to either pay what is owed or vacate the premises.
10-Day Notice to Quit (Material 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.
30-Day Notice to Quit (Month to Month) – This form is used to inform a tenant under a lease of notice of termination of the lease within thirty days of the notice. It gives the tenant thirty days to leave the property.
When is Rent Late?
Under Arizona Revised Statute 33-361, 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.
How to Evict (Process)
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..
Step 1- 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)
Step 2 – Complete the document carefully and then hand deliver the notice directly to the tenant (placing on door is not sufficient). Alternatively, you may use certified mail, but you must add on three days to the notice requirement.
Step 3 – If the tenant fails to respond within the time period allowed to either remedy the breach or make the rental payment that is due, the Landlord is then authorized to proceed with the eviction process in the court.
Step 4 – 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 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.
Step 5 – With the documents to be filed, Landlord will also need to pay filing fees in the amount of $32.
Step 6 – The court will set a hearing date and time and the Landlord must have the complaint and summons served by a process server within two days of the hearing.
Step 7 – You 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.