Residential Evictions for Nonpayment of Rent

For information regarding the Landlord Tenant Act/Eviction please click here. For information regarding the Arizona Mobile Home Parks Residential Landlord and Tenant Act click here. You may pick up a copy of the Landlord Tenant Act or the Mobile Home Parks publication from customer service at the following locations: 14 N. 18 Ave in Phoenix or 400 W. Congress 2nd Floor, Room 252 in Tucson. Editor's Note: The Public Information Office of the Arizona Supreme Court cannot answer legal questions about the Arizona Residential Landlord Tenant Law or the Arizona Mobile Home Parks Residential Tenant Act. The Overview/Eviction for Non Payment of Rent was published before a change was made in the law regarding Rights and Obligations of Landlords. click to view the Secretary of State's web site for an updated version of the Act.
Table of Contents
General Information	Limitations on the use of this document
I. Choosing the court	II. Who may represent a party in court?
III. Termination notice, eviction complaint/rent due	IV. Summons and service of complaint
V. Trial and defenses	VI. Judgment by court and eviction order
VII. Appeals	Key words and phrases defined
Eviction Timeline for Nonpayment of Rent Cases
General Information This brochure offers a brief overview of Arizona law regarding evictions for nonpayment of rent. A separate brochure explaining landlord and tenant rights and obligations is available from any justice of the peace or superior court. For more information, contact Community Information and Referral Services at (602) 263-8856 or 1-800-352-3792. Court employees cannot practice law and do not give legal advice.
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Limitations on the use of this document Evictions for reasons other than nonpayment of rent are different and these time frames and procedures may not apply. This pamphlet does not address problems related to: Public housing run by a governmental agency, business rental or any non-residential rental; a tenant’s right to make repairs and deduct from rent, or other self-help rights of the tenant; eviction for health and safety reasons, abandonment by the tenant or noncompliance with the rental agreement by the landlord or tenant; or, mobile home lot rentals (but it does apply to rentals of mobile homes).
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I. Choosing the Court Depending upon the amount of damages involved, a complaint for eviction may be filed in either the justice court precinct where the rental property is located or in the superior court for the county in which the rental property is located. An action may begin in the justice court if the damages are $10,000 or less. For damages between $5,000 and $10,000, a complaint may be filed in either justice court or the superior court. Damages greater than $10,000 require that the case be filed in the superior court. Both court costs and processing time are less for cases filed in the justice court. Ask the court about filing fees and expenses.
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II. Who may represent a party in court? Attorneys are not required to initiate eviction proceedings or to represent the parties involved. In the justice court, an officer of a corporation that owns the property can represent it if authorized by the corporation if going to court is not the officer’s main duty and if the lawsuit is filed in the corporation’s name.
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III. Termination notice, eviction complaint/rent due The landlord must give the tenant written notice that the tenant has five calendar days to pay the rent or the rental agreement will be terminated and the tenant will be evicted. The notice can be given to the tenant when nonpayment occurs. The notice may be hand-delivered to the tenant or sent by certified or registered mail. If the notice is sent by certified or registered mail, the judge will assume the tenant received the notice on the date the tenant signs for it, or five calendar days after it was mailed, whichever occurs first. Court action begins when a complaint, made in writing and under oath, is filed with the court. The court or clerk’s office has information about filing fees and other expenses. The complaint must name as defendants all tenants listed on the rental agreement, all other occupants known by the landlord and any unknown occupants who shall be listed as “John Doe” or “Mary Doe.” The complaint must show the address of the rental premises, how the five day notice was delivered and the amount of money due. It is helpful, but not required, to attach a copy of the rental agreement and five day notice to the complaint. Trial will be set by the court clerk three to six business days after the complaint is filed.