Arizona Eviction Notice Forms – PDF Templates
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- Tenant’s (Defendant) Forms
A landlord may begin the eviction process in Arizona if the tenant is not following the provisions of a lease. The process requires giving notice to the tenant to allow the tenant to correct the violation. A judge will also consider the issue if needed.
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To being the process, the property owner must give the tenant written notice that indicates the violation the tenant made and the time the tenant has to correct the violation. For non-payment of rent, the tenant has five days to pay the rent in full before a landlord may proceed with the eviction. There must be a 10-day notice for material non-compliance with the lease, such as having unauthorized pets, although there is a five-day notice if the violation affects health and safety. Lastly, if the tenant commits an “irreparable” breach, the landlord may file the eviction action on the same day he or she notifies the tenant. Inflicting serious bodily injury, gang activity, and discharging firearms on the premises qualify as irreparable breaches.
- Step 2 – Filing the Eviction Lawsuit
In Arizona, an eviction action is known as a forcible or special detainer. To commence the lawsuit, the Arizona Rules of Procedure for Eviction Actions require landlords to serve four documents to the tenant: 1) the summons, 2) the residential eviction information sheet (Form is attached to Summons), 3) the complaint, and 4) a copy of the original notice. Filing these will cost $60.
The tenant may file an answer to the complaint, or file a counterclaim if the tenant believes the landlord owes him or her money.
If the landlord appears at the trial, but the tenant does not, the court will enter judgment in favor of the landlord, meaning the landlord may obtain a Writ of Restitution five days after the judgment, which will allow the physical repossession of the residence by constables. The Writ is $111 to file.
If the tenant is present, he or she may argue why the complaint is untrue, and the judge may request evidence regarding the issue. If the judge rules in favor of the landlord, the landlord can obtain a Writ of Restitution five days later.
Tenants may appeal the decision to the Superior Court.
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