Evictions

Landlord not making repairs? Tenant causing disruptions? 

Under NO circumstances should a tenant withhold rent because the landlord isn't making repairs or providing proper services. That is called a "rent strike" and is illegal in Arizona. There are other ways to handle that- visit our Obligations and Remedies page for detailed information and sample forms to bring either side into compliance or break the lease. A judge must, in nearly every case, evict a tenant who rent strikes without following the law.

Struggling to pay your rent? Pandemic-related assistance has come to an end. But cities, churches, and other non-profit organizations may have help available. Tenants should make sure to speak to the landlord FIRST to see if payment arrangement can be made. Do NOT wait until the rent is already overdue.

There are private attorneys who will represent eviction defendants for a fee. Free or low-cost help is also available through Community Legal Services almost every day.

VIDEO: The Arizona Supreme Court, Maricopa County Justice Courts, and other partners developed a series of videos and information sheets to guide you through the eviction process. The eviction portal is at www.azcourts.gov/eviction in English, and at www.azcourts.gov/desalojo in Spanish.

You may hear an Eviction Action called a Forcible Detainer or Forcible Holdover. Either phrase refers to a landlord's desire for one of two outcomes: 

• to force the tenant to pay the rent
• to force the tenant to move

These are the two parts to an eviction case: the request for money and the request for possession of the property. Sometimes all it takes is the threat of an eviction for a tenant to pay. Sometimes tenants cannot pay because of extraordinary circumstances. 

A landlord may file an eviction case for any reason. A judge will review the case the day of the court hearing- not before- and give both the landlord and tenant the opportunity to explain their side. Then the judge will issue a ruling.

Alternately, the judge may decide the case needs to go to trial a few days later and would issue a verdict after that. The landlord or the tenant may also request a trial, but there must be valid reason for doing so and the judge may grant or deny that request. Needing more time to prepare is not a valid reason. Some examples of defenses that would qualify an eviction case for trial may include a tenant's proof that they did pay the rent, that notice of eviction was not proper, or that the amount of rent the landlord is asking for is incorrect.

Still- a few things must happen before the case goes to court in the first place.

There are two sets of laws which govern rentals in Arizona. If the lease is for an apartment, house or mobile home, then from the Arizona Revised Statutes it is Chapter 33, sections 1301 - 1377 which apply. If the lease is for a space in a mobile home park, then it is still Chapter 33, but sections 1401 - 1501.

These are the pieces of the Landlord-Tenant Act. There is one version for mobile home parks and another for all other rental units. The Arizona Department of Housing maintains and publishes the Arizona Residential Landlord-Tenant Act. It is free to download and tells landlords and tenants what their obligations are to each other, and the steps each side must take to correct a problem without going to court.

Beyond that, the Arizona Supreme Court developed the Arizona Rules of Procedure for Eviction Actions. These are the guidelines for how evictions cases are to be processed in court. 

You may find more information and sample forms on our Obligations and Remedies page.

Before most eviction cases may be filed, the landlord must give the tenant Notice of the intent to do so. This notice must tell the tenant what the problem is and what can be done to fix it. If it is not remedied with the given time, the landlord may then file the lawsuit.

• For non-payment of rent or a breach affecting health and safety (such as broken glass, excess debris, waste) the notice must come five days before the case is filed.
• For a material breach (such as violating complex rules, having unauthorized pets or guests, etc) the notice must be ten days.
• For an irreparable breach (such as criminal activity, threatening and intimidating, etc) the notice is called immediate and may be served upon the tenant the same day the complaint is filed. 

In the first two scenarios above, the tenant may remedy the problem (pay or fix) within that notice period and no case will be filed with the court.

Once the notice period expires and a case is filed, the costs to the tenant go up.

Once the landlord files the eviction complaint, things may move quickly. The court will issue a summons which gives all the parties the date for the eviction hearing. This date must be at least 3 but no more than 6 days after the filing date.

It may be in a tenant's best interest to file an answer to the eviction complaint. There is no charge for this. Filing an answer may help the tenant with developing a valid defense.

Nearly all eviction cases will be heard virtually. This means you may participate by phone or video, without setting foot inside the physical courtroom. You do have the option to come in person if you wish but that will not affect the outcome. Read the summons from the court. It will tell you how to access the hearing. If you wish to participate in a different manner than what is listed, contact the court immediately to receive appropriate directions.

Most landlords are represented in court by an attorney. Tenants may also have an attorney but most choose to speak up for themselves.

Until the moment the judge renders a verdict from the Bench, the tenant may still avoid eviction by fixing the breach or paying the amount in the complaint. At this stage the amount will likely include rent, late fees, attorney's fees and court costs. Paying in full before the judge rules will stop the eviction and prevent the case from appearing on a tenant's record.

The justice courts hear hundreds of evictions every day. As a result, you may have a wait (generally no more than one hour) until your case is called.

Once the judge begins, he or she will ask the landlord (or attorney) the basis for the eviction and verify that the necessary paperwork is present. The judge will then ask the tenant if they agree that they owe the money or committed the other breach.

This is not the time for the tenant to explain why the rent was not paid or why a breach occurred. The law does not make allowances for a judge to dismiss a case out of kindness. It is very clear what has to happen.

This is where the tenant should find fault with the process or explain why the complaint may be incorrect. For example, the rent was paid, there were no dogs on the property, or there was not proper notice. In general, this kind of defense is the only valid defense to an eviction case. 

If a valid defense is raised, the judge may either dismiss the case or hold a trial. The trial may take place right then or a few days later, depending on everyone's availability. If the judge finds the tenant guilty, the eviction judgment will be signed. Generally, a tenant then has five days to move out.

Sometimes a landlord may agree to give the tenant another chance to pay and stay, even after a judgment. It is the landlord's option.

Important: tenants vacating a property should return the keys to the office. Do not leave them in the apartment/home and do not put them in the mail. Until the landlord has the keys, the tenant is still considered to be in possession and further rent may accrue.

If the tenant has to move and does not, the landlord may obtain a Writ of Restitution from the court. This is an order telling the constable to remove the tenant from the unit and possibly change the locks.

On this day the constable may give the tenant a little time to finish the move, but he/she cannot cancel the Writ or refuse to serve it. It must be enforced.

How does an eviction appear on a tenant's record?

Courts do not directly report judgments to credit agencies. However, landlords may. Credit reporting agencies also purchase court data to build their databases. If that data includes an eviction judgment, then anyone doing an official background check may find that on a tenant's record. 

There are a few ways to ensure that does not happen. An Arizona law which took effect September 24, 2022 requires eviction records be sealed when: 

• the court enters an order dismissing the case prior to a judgment, 
• the court enters a judgment in favor of the tenant, or
• the landlord and tenant stipulate (agree in writing) to set aside, vacate, and seal the judgment. A Motion to Set Aside and Seal must be filed with the court to start this process.

The sealing procedure will take place automatically once any of these three conditions are met. Read more about this on our Clear My Record page.