Arizona Eviction Laws: 2025 Step by Step Process & Costs

Overview of Evictions in Arizona

YOU SERVED A 5-DAY NOTICE. YOUR TENANT JUST HANDED YOU A $10,000 COUNTERSUIT.

You think Arizona is landlord-friendly. Fast evictions, clear rules. You served the notice, you're ready to file. You're following the "step-by-step process."

You missed the step that bankrupts you.

Arizona's speed is a trap. It makes you rush. And rushing means you skip the one thing that decides every eviction case in Justice Court: PROCEDURAL PERFECTION. The tenant isn't fighting the rent debt. They're fighting your paperwork. And if there's a single comma out of place, the judge dismisses your case and now you're the defendant. I've seen it in Maricopa County Court a hundred times.

THE 5-DAY NOTICE DEATH TRAP (A.R.S. § 33-1368)

It's not "5 days to pay." It's "5 consecutive business days, excluding the day of service, weekends, and legal holidays." Serve it on a Friday before a holiday weekend? Your clock doesn't start until Tuesday. You file on day "6"? Dismissed. Tenant wins.

Your notice must contain the EXACT statutory language. From the Arizona Residential Landlord and Tenant Act (ARLTA). Not your lease language. The state's language.

• The Fatal Flaw: The notice must state: "If you do not pay the rent or move out, the landlord can file an eviction action against you WITHOUT FURTHER NOTICE." (A.R.S. § 33-1368(B)). If your pre-printed form says anything else, it's defective. Game over.
• The Delivery Proof: You can't just slide it under the door. A.R.S. § 33-1313 defines "delivery." Certified mail? They have to sign for it. Posting on the door? You need a witness affidavit. Handing it to a "person of suitable age"? Get a name. No proof of service = no valid notice = automatic loss.

WHEN "CAUSE" EVICTIONS BLOW UP IN YOUR FACE

Non-payment is straightforward. "Cause" evictions for noise, damage, unauthorized occupants? That's the minefield.

You served a 10-Day Notice to Cure (A.R.S. § 33-1368(A)). The tenant "cured" by getting rid of the unauthorized pet for one day. You file for eviction. Their defense? "I complied with the notice." The judge agrees. Dismissed. You just lost 3 weeks and owe their court costs.

The fix? Your lease must define "cure" and state that repeating the violation within a set period (e.g., 30 days) is a new, incurable breach. Otherwise, you're in a loop of 10-day notices forever.

THE WRIT OF RESTITUTION ISN'T THE FINISH LINE

You got your judgment. The court issued a Writ of Restitution. The constable will post a 48-hour "move or be removed" notice. You think you've won.

Wrong. The tenant can file a "Request for Stay of Execution" (Ariz. R.P. Evict. Actions 11(d)) if they pay all rent, costs, and future rent into the court registry. The eviction halts. Now you're in a long-term battle. If you've already re-rented the unit, you're in breach of their stayed tenancy. The liability flips to you.

YOUR ARIZONA EVICTION BATTLE PLAN: NO ROOM FOR ERROR

TODAY: Pull your standard "5-Day Notice to Pay or Quit" form. Compare it line-by-line to A.R.S. § 33-1368(B). Does it match the statutory wording exactly? If not, burn it. Download the approved forms from the Arizona Judicial Branch's Self-Service Center. Your amateur template is your biggest liability.

THIS WEEK: Create your "Eviction Dossier" for every tenant. In it: 1) The lease, 2) Every communication (texts, emails, logged calls), 3) The rent ledger showing exactly what's owed, down to the last late fee calculated per A.R.S. § 33-1368(C), 4) A.R.S. § 33-1321 condition reports/photos from move-in. When you're in front of the Justice of the Peace, fumbling through your phone for a text screenshot gets you laughed out of court. This manual, panic-inducing grind of tracking deadlines and assembling judge-ready proof is why Hemlane built their Guided Eviction Support. It's not a "service"; it's a compliance system that auto-generates legally-perfect notices using the exact ARLTA statutory language, logs every delivery attempt with proof, and packages your entire case timeline into a constable-ready digital file. It exists because one missed decimal on the rent amount or one holiday miscalculation voids the entire eviction and flips the liability onto you.

NEXT MONTH: Know your real costs. Filing fee in Maricopa County Justice Court: $121. Constable fee for serving the Writ: $150+. Lost rent during the 4-6 week process: $2,000+. Attorney fees if you screw up: $3,000+. Total potential loss for a $1,500/month unit: Over $5,000. Now weigh that against offering a "Cash for Keys" agreement upfront. Sometimes $1,000 to get them out in 72 hours is the cheapest path. This is the brutal math that makes you realize eviction is a last resort, not a strategy—and why having a system like Hemlane to enforce late fee policies and communicate clearly from day one is what prevents you from ever needing to read this article.

THE ONE STATUTE THAT WILL SAVE YOU: A.R.S. § 33-1375

Read it. "The landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or [the ARLTA]."
This is your weapon for the damage they did. But you can ONLY use it after you have possession via the Writ. Do not mix the eviction (for possession) with the money claim (for damages). File a separate suit in Small Claims after they're out. The Justice Court eviction is for one thing only: getting your keys back.

WHAT TO DO WHEN THE NOTICE IS ON YOUR DOOR: You have 48 hours before the constable comes. This is not the time to learn Ariz. R.P. Evict. Actions 11(d). The sheer, costly complexity of this process—where your profitability hinges on flawless procedural execution—is why tools like Hemlane are built. They turn legal warfare into a managed process, so you can focus on your property, not on becoming an overnight expert in Arizona civil procedure.

SOURCES (Your Arsenal):

• Arizona Residential Landlord and Tenant Act (A.R.S. Title 33, Chapter 10) - This is your bible.
• A.R.S. § 33-1368 - Nonpayment of Rent; Notice - The 5-day notice rule.
• Arizona Rules of Procedure for Eviction Actions - The court's playbook.
• Maricopa County Justice Court Landlord/Tenant Forms - Use these or lose.

DISCLAIMER: This is tactical field advice from the eviction trenches, not professional legal counsel. Arizona Justice Courts are procedural battlefields. One misstep costs you the property. For a real eviction, consult a qualified Arizona landlord-tenant attorney