🌵 Arizona Eviction Notice Laws
Complete Landlord Guide to Arizona Eviction Requirements
📋 Updated for • A.R.S. Title 33 CompliantLast reviewed: January
Arizona’s Arizona Residential Landlord and Tenant Act (A.R.S. § 33-1301 et seq.) provides a balanced approach with relatively short notice periods. A 5-day notice for non-payment and efficient Justice Court procedures make Arizona one of the faster states for evictions. This comprehensive guide covers all requirements.
📑 Table of Contents
📝 Arizona Eviction Notice Types
Arizona law requires landlords to provide written notice before filing for eviction. The type and length of notice depends on the reason for eviction and is governed by the Arizona Residential Landlord and Tenant Act.
5-Day Notice to Pay or Quit (Non-Payment)
A.R.S. § 33-1368(B)
For non-payment of rent, Arizona requires a 5-day notice to pay or vacate. This is one of the shorter notice periods in the country, making Arizona landlord-friendly for non-payment evictions.
The tenant has 5 days to pay all rent owed. If they pay within this period, you cannot proceed with eviction. If they fail to pay, you may file a special detainer action after the 5 days expire.
Requirements:
- ✅ Must be in writing
- ✅ Must demand payment of rent or possession
- ✅ Must give tenant 5 days to pay or vacate
- ✅ Must specify the amount owed
- ✅ Must be properly served
10-Day Notice to Cure or Quit (Lease Violation)
A.R.S. § 33-1368(A)
For lease violations other than non-payment (health/safety not affected), Arizona requires a 10-day notice to cure or vacate. The tenant has 10 days to fix the problem.
If the tenant cures the violation within 10 days, you cannot proceed with eviction. If the same violation occurs again within 6 months, you can give a 10-day unconditional notice with no opportunity to cure.
📄 Get Free Lease Violation Notice5-Day Notice (Health & Safety Violation)
A.R.S. § 33-1368(A)
For lease violations that affect health and safety, Arizona allows a shorter 5-day notice to cure. If not cured within 5 days, the lease terminates.
Health and safety violations include things like:
- 🔴 Hoarding that creates fire hazards
- 🔴 Dangerous conditions affecting other tenants
- 🔴 Interfering with essential services
Immediate Notice (Illegal Activity)
A.R.S. § 33-1368(A)
For certain serious violations, Arizona allows immediate termination with no cure period:
- 🔴 Drug-related criminal activity
- 🔴 Discharge of a weapon
- 🔴 Homicide, prostitution, criminal street gang activity
- 🔴 Assault with a deadly weapon
- 🔴 Acts that pose immediate threat to health/safety
You can file for eviction immediately after serving notice for these violations.
30-Day Notice (Month-to-Month Termination)
A.R.S. § 33-1375
To terminate a month-to-month tenancy in Arizona, either party must provide at least 30 days’ written notice prior to the periodic rental date. Arizona allows no-cause terminations of periodic tenancies.
📄 Get Free 30-Day Notice Form📬 How to Properly Serve Eviction Notices in Arizona
Arizona law (A.R.S. § 33-1313) specifies how notices must be delivered. Proper service is critical.
Personal Delivery (Preferred)
Hand-deliver the notice directly to the tenant. This is the most reliable method.
Delivery to Person of Suitable Age
If the tenant is unavailable, leave the notice with a person of suitable age and discretion at the residence.
Posting and Mailing
Post the notice in a conspicuous place on the premises AND mail a copy to the tenant at the property address.
For strongest documentation, serve notices using multiple methods: personal delivery (or posting) PLUS certified mail AND regular mail. Take photographs with timestamps.
⚖️ The Arizona Special Detainer Court Process
Arizona evictions (called “special detainer” or “forcible detainer” actions) are filed in Justice Court. The process is designed to be efficient.
Verify Notice Period Has Expired
Confirm the required notice period has passed and tenant has not cured (if cure was required).
File Special Detainer Complaint
File the complaint in Justice Court. Filing fees are typically $35-$75 depending on the precinct.
Summons Served on Tenant
The constable or process server serves the summons. Arizona requires at least 2 days’ notice before the hearing.
Court Hearing
Both parties appear at the scheduled hearing. Hearings are typically scheduled within 3-6 days of filing. Bring all documentation.
Judgment for Possession
If you win, the court enters judgment. Arizona has a short appeal period (5 days for Justice Court).
Writ of Restitution
Request a writ of restitution. The constable will execute the writ, typically giving tenant 24 hours to vacate.
Constable Executes Writ
If the tenant hasn’t vacated, the constable removes them and their belongings.
Arizona prohibits self-help evictions. You cannot change locks, shut off utilities, or remove tenant belongings without going through the court process. Doing so can result in significant liability.
⏱️ Arizona Eviction Timeline
| Stage | Timeline | Notes |
|---|---|---|
| 📝 Notice period | 5-10 days | 5 days non-payment; 10 days other |
| 📋 File complaint | 1-2 days | After notice expires |
| 📬 Summons served | 1-3 days | Constable service |
| ⚖️ Court hearing | 3-6 days | From filing; expedited process |
| ⏳ Appeal period | 5 days | Justice Court appeals |
| 📜 Writ issued | 1-2 days | After appeal period |
| 🚔 Constable eviction | 24-48 hours | After writ posted |
Total Realistic Timeline: Arizona evictions for non-payment typically take 17-25 days from notice to lockout for uncontested cases—one of the fastest in the nation. Contested cases may take 30-45 days.
🛡️ Common Tenant Defenses
Defective Notice
Wrong notice period, improper service, or missing required information can result in dismissal.
Rent Was Paid
If the tenant paid rent before the notice expired, the eviction fails. Keep detailed payment records.
Landlord’s Breach of Habitability
Failure to maintain habitable premises may be a defense. Arizona requires landlords to maintain the property.
Retaliation
Arizona prohibits retaliatory evictions (A.R.S. § 33-1381). Eviction following a complaint or exercise of legal rights may be challenged.
💰 Arizona Security Deposit Rules
- Maximum Amount: 1.5 months’ rent
- Interest: Not required
- Written Notice: Must provide written notice of move-in inspection option
- Return Timeline: 14 business days after tenant vacates AND returns keys
- Itemized Statement: Required if deductions are made
- Penalty: Wrongful withholding can result in liability for up to 2x the deposit
❓ Arizona Eviction FAQ
🔍 Avoid Evictions with Better Tenant Screening
Comprehensive tenant screening helps you find reliable tenants from the start.
📚 Related Arizona Landlord Resources
⚖️ Legal Disclaimer
This guide provides general information about Arizona eviction laws and is not legal advice. Arizona landlord-tenant law is governed by A.R.S. Title 33 and may be amended. This guide reflects requirements as of . Always consult with a qualified Arizona attorney before proceeding with an eviction.
