Arizona Eviction Process Form

This guide is for Arizona-based landlords seeking to learn about the steps involved in the eviction of a tenant who failed to adhere to the lease agreement. Often, lease agreements are violated because of the tenant’s failure to pay the rent.

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1 - Serve a Notice on the Tenant. The notice provides an opportunity to correct the problem or vacate the property. The Arizona Residential Landlord and Tenant Act require landlords to serve a notice before filing an eviction with the courts. The amount of notice the landlord provides depends on the reason for the notice. For example, landlords must give the tenant a 5 day notice for failing to pay rent, but a 10 day notice is required for a breach of the lease agreement.  Property owners must hand deliver the notice in person or post it on the residence. When posting the notice on the property, the landlord must also send a copy by certified mail. The property owner may hire a process server to deliver the notice as well. Notice can be sent by certified mail. The notice period begins when the tenant signs for the letter. The Arizona courts consider a tenant served 5 days after the notice is delivered when the renter does not sign for the letter. Landlords must have proof of delivery for the court when delivering a notice by certified mail.  2 - File a Forcible Detainer with the Arizona courts. When tenants fail to correct the problem in the time allowed by the notice, the landlord must file for a hearing with the court. The court hearing will determine who has a right to possession of the property. The court hearing is an opportunity to mount a defense against the eviction.  3 - Serve a Summons and Complaint on the tenant. When the landlord files a forcible detainer complaint with the courts, landlords must serve the tenant with the summons immediately.  The landlord must serve the summons on the tenant at least 2 days before the court date. 4 - Attend the court hearing. The landlord must attend the court hearing and bring the notice to quit, proof of delivery for the notice, the lease agreement, proof of service for the summons and evidence the tenant violated the lease agreement or failed to pay rent.  5 - Obtain a Writ of Restitution. When the tenant fails to vacate the property after a judgment in favor of the landlord in the court hearing, the landlord must file a writ of restitution to remove the tenant from the property. The writ of restitution allows a sheriff or constable to remove the tenant from the property physically. Property owners must store belongings left behind by the tenant for 21 days after he vacates the property.!