Eviction Actions

Procedure

A landlord can file an eviction action (otherwise known as a forcible detainer action or special detainer action) against a tenant for nonpayment of rent for breach of lease, for misrepresenting information to the landlord, for allowing unauthorized persons to live on the premises, or if the tenant has committed a crime. The purpose of an eviction action is to remove the tenants(s) from the property.

Prior to filing an eviction, the landlord must give notice to the tenant. The notice may be personally delivered or sent by certified mail. Notice is deemed to be received on the date it was personally handed to the tenant or five days after the notice is mailed.

A hearing will be set 3 to 6 days after the lawsuit has been filed. If the landlord receives a judgment, a writ of restitution directing the tenant to leave the property can issue 5 days following the judgment. Writs of restitution are served by constables or Sheriff's Department.

COVID Help

On January 19, 2022, Chief Justice Brutinel signed Administrative Order No. 2022-14 that outlines the applicable procedures for eviction actions governed by Arizona Revised Statues, Title 33, filed on or BEFORE March 31, 2022, in the Superior Court or a Justice Court, and delayed by an eviction moratorium or seeking judgment for unpaid rent accrued during an eviction moratorium. Unless unexpected circumstances prompt the issuance of another administrative order, eviction actions filed after March 31, 2022, are to be processed in accordance with the Rules of Procedures for Eviction Actions without additional supplementation.

Resources

• Rental Assistance and Eviction Prevention Programs
• Tenant Forms
• Landlord Forms
• Declaration to Landlord for a Temporary Halt in Residential Eviction
• Bilingual version of the Declaration to Landlord for a Temporary Halt in Residential Eviction
• Information on Temporary Halt in Residential Eviction for Nonpayment of Rent