Arizona Eviction Process: The 5-Day Notice, Special Detainer and Writ, Step by Step

Arizona evictions move quickly. The court case is called a special detainer action , and the trial is usually set within a week of filing [2]. Each step below has its own deadline, set by the Arizona Residential Landlord and Tenant Act and the forcible detainer statutes. Fees are from the Maricopa County Justice Courts; other counties set their own.

The notices

Before filing, the landlord must give the tenant written notice. Which notice depends on the problem [1]:

• Unpaid rent: 5 days. If the tenant doesn’t pay within 5 days, the landlord can end the lease by filing a special detainer case.
• A breach that affects health and safety: 5 days to fix it.
• Other material breaches of the lease: 10 days to fix it. If the tenant fixes it and then does the same thing again, the landlord can file 10 days after a new written notice.
• A material and irreparable breach, such as violent crime or drug dealing on the property: the landlord can give notice of immediate termination and file right away.

A tenant can’t hold back rent for a reason the landlord and tenant law doesn’t allow [1]. The Maricopa County Justice Courts warn that withholding rent over repairs is illegal in Arizona and that a judge will, in nearly every case, evict a tenant who does it [6].

Paying to stop the eviction

For unpaid rent, the lease is reinstated if the tenant pays all past-due rent plus a reasonable late fee set out in a written lease before the case is filed. After filing, the tenant must also pay the landlord’s attorney fees and court costs. After a judgment, reinstatement is up to the landlord [1].

The trial

The summons sets the trial no fewer than 3 and no more than 6 days from the date of the summons, and it must be served at least 2 days before trial [2]. If there’s good cause, a justice court can postpone the trial by up to 3 days [2].

In Maricopa County, hearings can be held by phone or video. The judge asks the landlord for the basis of the case and checks the paperwork, then asks the tenant whether they owe the money or committed the breach. This is when the tenant should raise defenses, like proof the rent was paid, a defective notice or a wrong amount [6]. Filing a written answer is free [7].

If the landlord wins, the judgment can include possession, late charges in the lease, court costs and unpaid rent [2].

Appealing

Either side can appeal within 5 calendar days after the judgment [4]. A motion to set aside the judgment doesn’t extend that deadline [4].

An appeal doesn’t automatically keep the tenant in the home. To stay during the appeal, the tenant must post a supersedeas bond covering rent through the next rent due date, and then pay rent to the justice court clerk as it comes due. If the tenant misses a payment, the landlord can ask the court to lift the stay [4].

The writ of restitution

If the tenant is still there after the judgment, the landlord asks for a writ of restitution. It can’t issue until 5 calendar days after the judgment [3]. In Maricopa County, a constable enforces it and can change the locks; the constable may allow a short time to finish moving but can’t refuse to serve it [6].

For a material and irreparable breach, the court orders restitution 12 to 24 hours after the judgment [2].

Where to get help

• Community Legal Services (clsaz.org): free or low-cost legal help for eligible tenants [6].
• Arizona courts’ eviction pages: azcourts.gov/eviction in English and azcourts.gov/desalojo in Spanish, with forms and information [6].
• Your city or local nonprofits: some offer rent assistance [6].