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By Melanie Krieps Mergen
Updated on May 16, 2022
Reviewed by Melanie Reiff, Staff Editor.
In Arizona, a landlord is required to give a tenant the proper amount of notice so that they may correct the problem(s), if possible, before an eviction lawsuit can be filed.
Receiving an eviction notice can be a rattling experience, but it doesn’t mean for certain that you’ll have to leave your rental. Eviction proceedings can move at a fast pace, though, so having a good grasp of Arizona’s eviction laws ahead of time can help increase your chances of avoiding one.
That’s why Jerry, the licensed broker that can help you find savings on renters and car insurance, is here with this introductory guide to eviction proceedings in Arizona.
Arizona eviction 101: the three ways you can be evicted
Arizona’s Residential Landlord and Tenant Act outlines obligations for both landlords and tenants for leases of apartments, houses, or mobile homes, including eviction proceedings.
These requirements can be found in Section 33-1301 through Section 33-1377 of Arizona’s Revised Statutes. Rules regarding mobile home leases can be found in Section 33-1401 to Section 33-1501.
Depending on the reason for eviction, your landlord is required to give you written notice and a certain amount of time to correct the problem, if possible. Here’s what those timelines look like based on cause:
- Missed or late rent payments: A tenant has five days after receiving the required notice to correct the matter before eviction proceedings will begin.
- Neglect of the unit that affects health and safety: A tenant has five days to remedy the problem after receiving the required notice.
- Violation of lease agreement: A tenant has 10 days to correct the issue, if possible, to avoid eviction.
Additionally, if a tenant substantially damages a unit or participates in serious illegal activity, a landlord can provide immediate notice and file an eviction lawsuit the same day.
If a tenant refuses to leave a property after their lease term has ended, they’ll typically become a holdover tenant. When this is the case, a landlord still has to give them a required amount of notice depending on how frequently rent is paid.
|Frequency of rent payment||Amount of notice required|
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Pro Tip The eviction process in Arizona can be complicated, and state laws can change over time. If you need advice regarding your particular situation, don’t hesitate to seek out legal counsel and other resources.
A timeline of eviction in Arizona
Requirements surrounding the timeline of an eviction in Arizona are outlined in Section 33-1377 of Arizona’s Revised Statutes. The table below lays out the general steps involved in the process:
|Step||How long it typically takes||What to expect|
|Service of written notice from landlord||Five to 10 days (most cases)||Your landlord is required to send you a written notice regarding the reason for eviction. An eviction lawsuit can be filed one day after the required amount of notice if the problem hasn’t been remedied.|
|Summons and Complaint||Summons should be issued same day of filing; complaint must be served at least two days prior to hearing||After an eviction lawsuit has been filed, you should receive a court summons, the complaint, and a residential eviction information sheet (REIS).|
|Tenant response||Three to six days||After receiving the summons and other documents and ahead of the hearing date, the tenant can file a response answering provided questions and explaining their position.|
|Hearing||Three to six days after summons issued||The court will make a judgment on the case, based on both the landlord’s and tenant’s responses. A continuance of three to five days can be requested by either the landlord or tenant.|
|Eviction||At least five days, or 12-24 hours for illegal activity||If the judge rules in favor of the landlord, a writ of restitution can be filed. If the tenant doesn’t move out of the unit within the required amount of time, a sheriff or constable can forcibly remove them.|
If a judge rules in favor of the landlord, a tenant can file an appeal within five days.
To learn more about the particulars of eviction proceedings in Arizona, you can visit www.azcourts.gov/eviction in English or www.azcourts.gov/desalojo in Spanish.
How to resist eviction in Arizona
If you’ve received an eviction notice, it doesn’t mean you’re out of a home just yet. The following are just a few ways you might be able to resist eviction in Arizona:
- Address the cause of the eviction. If you’re able to correct the problem(s) in your eviction notice within the required amount of time, this is the easiest way to avoid an eviction.
- Research available resources. There are a number of resources in Arizona that can help tenants avoid eviction, including emergency rental assistance. You can find a list of some of those resources here.
- Point out errors in the eviction process. Having a handle on Arizona eviction laws can give you an advantage if your landlord strays from what’s legally required.
- Prepare for your court date. When a tenant doesn’t show up to their court date, it’s common for eviction lawsuits to rule in the landlord’s favor. You’ll want to come prepared with all the necessary paperwork—this could include your answer, payment records, or other documents needed to support your defense. You should also be ready to clearly and briefly explain why you shouldn’t be evicted.
- Argue that the landlord failed to maintain the property. If you’re able to show that your landlord is trying to evict you for something that was actually their responsibility, or you tried to make them aware of a problem and they failed to address it, you might be able to avoid an eviction.
- Identify discrimination (if appropriate). It’s illegal for a landlord in Arizona to evict you on the basis of your race, sex, gender identity, sexual orientation, disability, national origin, familial status, or religion. If you can demonstrate that the reason for your eviction is discriminatory, you may avoid being evicted. You might also file a complaint with the Arizona Department of Housing or the US Department of Housing and Urban Development (HUD).
How to save money on Arizona car and renters insurance
One of the most common reasons tenants are evicted is that, for one reason or another, they’re no longer able to make rent payments. If you’re looking for ways to make more room in your monthly budget, the Jerry app can help you find savings on your car and renters insurance.
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