How Long Does an Eviction Process Take in Arizona?

Arizona Eviction Process

If you need to evict a tenant in Arizona, learn all you need to know with this comprehensive guide to understand the eviction process and ensure compliance with the law. Eviction reasons may include failure to pay rent on time, violation of the lease or rental agreement, conducting illegal activity, or not renewing the lease after the rental period ends. Before filing for an eviction with the court, the landlord must give the tenant a proper notice to comply. Download a free PDF or Word template, or create an Arizona eviction notice using a step-by-step wizard. Pay a small fee to ensure legal compliance and protection, and avoid going to court due to incorrect process.

Filing a complaint with the justice court is the next step. Pay the fees and proceed with the process. The timeline depends on the reason for eviction and the lease agreement. Documents must be served to the tenant at least two days before the hearing. If the eviction is about illegal activity, the hearing is scheduled three days after the complaint was filed. The tenant has 24 hours to five days to appeal the ruling, and on average, it takes 9 to 41 days for a complete eviction process.

After the complaint is filed, a summons is issued and a certified process server serves the document to the tenant at least two days before the eviction hearing. If the tenant disagrees and replies, the landlord must support the claim with evidence during the hearing. If the landlord doesn't win, they can still appeal for reconsideration within five days post-judgment.

When the landlord wins the case, a Writ of Restitution is issued. Depending on the reason for eviction, the tenant has 12 hours to five days to vacate the property. The sheriff executes the Writ and can remove the tenant by force if necessary. It's important for landlords to keep good records, show evidence, maintain written communication, and familiarize themselves with the eviction process and FAQs to ensure compliance with the law.

What is a Notice to Quit in Arizona?

A Notice to Quit is a written notice issued by a landlord in Arizona when they want to terminate a tenant's tenancy. This notice must be issued for a legally acceptable reason, such as nonpayment of rent, lease violations, or lease term expiration.

The notice should be formal and addressed to the tenant, clearly stating the reason for the notice and providing specific details. The notice period is also essential, as it's the duration within which the tenant must rectify the issue or vacate the premises.

The landlord must personally deliver the written notice to the tenant or send it through certified mail, with return receipt requested. Additionally, the landlord must retain a copy of the Notice to Quit for their records, as it serves as crucial documentation for the eviction process in Arizona.

The tenant may be entitled to the return of security deposits and prepaid rent if they choose to terminate the lease due to an eviction notice. It's important to remember that self-help eviction methods, such as cutting off utilities or changing locks, are illegal in Arizona. Consequently, the landlord must follow the proper eviction process to evict tenants in Arizona.

The Cost of an Eviction in Arizona

Understanding the cost of an eviction in Arizona is essential for landlords to ensure a successful process. The eviction process starts with filing a Forcible Entry and Detainer (FED) action with the local court. Fees associated with this action vary, and you may need to hire a certified process server to serve the tenant with the FED. You may also choose to hire an attorney to provide legal advice, which comes with additional fees. Depending on the court's policy, there may be additional costs associated with scheduling and attending hearings. If the court rules in favor of eviction, the landlord must pay to obtain and execute a Writ of Restitution, authorizing law enforcement to remove the tenant.

Under Arizona law, a landlord may evict the tenant for not paying rent, violating the lease, or conducting illegal activity. Before filing an eviction lawsuit, the landlord must give the tenant a written notice. The eviction timeline depends on the reason for eviction and the lease agreement and typically takes 5-30 days. After the summons and complaint are served to the tenant, the eviction hearing is scheduled 3-6 days later. If the eviction is contested, the tenant has 24 hours to 5 days to appeal the ruling. After the ruling, the tenant has 12 hours to 5 days to vacate the property.

The landlord must provide evidence to support their claim and follow the Arizona Residential Landlord and Tenant Act. It's important to keep good records and show the lease agreement, payment history, and any payment returns as evidence for non-payment of rent. If the tenant doesn't comply with the Arizona eviction notice, the landlord may go to court and file an eviction lawsuit. The tenant may stop the eviction if they either pay the rent or vacate the property. If the tenant fights the eviction, they can use the Arizona Revised Statutes to try to dismiss the eviction.

How Arizona's Eviction Attorneys Aid Owners and Tenants?

Eviction attorneys can help landlords and tenants understand their rights and obligations under the Arizona Residential Landlord and Tenant Act. An attorney can review or prepare eviction notices to ensure they're in compliance with the law and served to the tenant properly. They can also provide legal advice, help tenants and landlords develop effective strategies for navigating the eviction process, and represent them in court.

Attorneys can also facilitate negotiations or mediations between owners and tenants to explore potential resolutions and potentially avoid the need for a formal eviction process. In the event that an eviction case goes to court, an attorney can present the case and advocate for their client's interests before the judge. This can help ensure that the landlord's rights are protected and that the tenant's rights are respected.

Mediation and Settlements in Eviction Cases

Before filing for an eviction in Arizona, mediation may be a preferable option for resolving the dispute. A qualified and impartial mediator experienced in landlord-tenant disputes can facilitate the mediation session and help both parties reach a mutually acceptable resolution.

 Negotiations can be used to resolve the dispute, and if an agreement is reached, it should be documented in a written settlement agreement. This agreement should specify the actions and responsibilities of each party. If the tenant withholds rent, the landlord can use the settlement agreement to establish a repayment plan. If the tenant is found in violation of the lease agreement, the settlement can detail how the tenant should comply with the agreement to avoid eviction.

Evidence Required to Support an Eviction Claim

Gather evidence to support your eviction claim to ensure a successful eviction process in Arizona. It's important to have a copy of the signed lease agreement, as well as any relevant notices served to the tenant such as a Notice to Quit or other warnings.  It's also important to keep a record of rent payments, including dates, amounts, and any outstanding balances. You should also consider taking photographs or videos of any property damage to present as evidence. In addition, any written communication with the tenant regarding lease violations, warnings, or attempts to rectify issues should be kept for documentation purposes.

The eviction process in Arizona typically takes between 9 and 41 days, depending on the reason for eviction and the terms of the lease. A certified process server will serve the documents to the tenant at least two days before the eviction hearing. The tenant has 24 hours to 5 days to appeal the ruling, if they disagree with the eviction. After the landlord wins the case, a Writ of Restitution is issued. The tenant then has a maximum of 12 hours to 5 days, depending on the reason for eviction, to vacate the property.

Under Arizona Revised Statutes, a landlord may use a private process server to serve summons instead of a certified process server. The Residential Eviction Information Sheet provides a defense to the eviction which may be used if the landlord fails to follow the proper eviction process. It's important to understand the laws in the state of Arizona in order to ensure a successful eviction process.

Getting Possession After a Court Judgment Is Issued

After the court has issued a judgment, law enforcement is in charge of providing you with the possession of the property. As the landlord, you can file an eviction in Arizona and proceed with the eviction process.  Once the notice is served, the landlord or the tenant may respond to an eviction. If the tenant disagrees, an eviction hearing is scheduled. If the landlord doesn't win the case, they may appeal the ruling within 5 days.

After the landlord wins the case, a Writ of Restitution is issued. This document grants law enforcement the authority to assist in physically removing the tenant from the property. Law enforcement will oversee the eviction process and ensure it's conducted legally and peacefully.

Once the tenant has been removed, the landlord must secure the property to prevent unauthorized re-entry. Change locks if necessary and take any other measures to protect the premises. Law enforcement's role is critical in ensuring a successful eviction process.

Storage of Tenant's Belongings: Legal Guidelines for Landlords

You must securely store the tenant's belongings in a designated location according to legal guidelines. As a landlord, you're required to notify the tenant in writing about the status of their belongings prior to their move out. This should include details about retrieval deadlines, storage options, and any associated costs. You should also provide a clear process for the tenant to retrieve their belongings, such as setting specific appointment times, providing access instructions, and outlining any associated fees. It's important to adhere to legal timelines for handling tenant belongings, as this ensures you're in compliance with the law and protects both parties' rights.

Thoroughly document the condition of the tenant's belongings left on the property, taking photographs or videos as evidence of their condition. Safely store the tenant's belongings in a designated location, such as a storage facility or a locked area on the property. Make sure the tenant's belongings are protected from damage or theft. Once the tenant's belongings have been stored, they must be given a reasonable amount of time to retrieve their items. The landlord must also pay for the storage costs associated with the tenant's belongings.

Q: What are the basic eviction laws that apply to a tenant in Arizona?

A: In Arizona, the eviction laws usually begin with the landlord serving the tenant a written notice, depending on the ground for eviction. For nonpayment of rent, a 5-day notice is given.

Q: How does a landlord serve the tenant a written notice to begin the eviction process in Arizona?

A: The landlord is required to serve the notice personally to the tenant or by certified mail. If the tenant is not available, the notice can be given to a person of suitable age or discretion at the tenant's dwelling. It is also mandatory to place a copy of the notice conspicuously on the property.

Q: How long does it take for an eviction process to be completed if a tenant doesn't pay the rent in Arizona?

A: If rent is not paid, the landlord serves the tenant a 5-day notice. If the tenant doesn't comply, the landlord can file an eviction complaint with the court. Then a hearing will be scheduled within 3-6 days. If the judgment is in favor of the landlord, the tenant has 5 days to move out. Overall, it could take around 2-3 weeks.

Q: What is the 10-day notice related to in the eviction process in Arizona?

A: The 10-day notice applies to lease violations, other than nonpayment of rent. If a tenant violates any term of the Arizona lease, the landlord can serve a 10-day notice to remedy the violation or move out. 

Q: What happens when an eviction complaint is filed in Arizona?

A: Once an eviction complaint is filed, the court will issue a summons to the tenant who then has a limited amount of time to respond.

Q: What happens if a tenant fails to vacate the property after an eviction judgment is made?

A: If a tenant doesn't vacate after an eviction judgment is issued in favor of the landlord, the landlord can obtain a writ of restitution from the court. This order authorizes a sheriff or constable to forcibly remove the tenant and their belongings from the property.

Q: How is the Arizona eviction timeline affected if the tenant contests the eviction?

A: If a tenant contests the eviction, it extends the timeline as a trial will need to be scheduled. This trial usually happens 14-30 days after the tenant files an answer to the complaint. The court then decides in favor of the landlord or the tenant.

Q: Can a landlord evict a tenant without a court order in Arizona?

A: No, the Arizona eviction laws require a landlord to obtain a court order to evict a tenant legally. 

Q: Are there specific resources where a tenant can learn more about eviction laws?

A: Yes, tenants can contact the Arizona Department of Housing for more information on eviction laws. They may also seek legal counsel to assist with eviction proceedings, particularly when contesting an eviction action.