Arizona Eviction Laws: A Comprehensive Guide for Landlords (2023)
Today, more Arizona landlords than ever find themselves navigating the eviction process. The per capita eviction rate in Maricopa County alone has risen to an alarming level of approximately 115 eviction filings per 10,000 renter households, surpassing the rates seen before the pandemic.This guide will cover everything you need to know about Arizona eviction laws. Keep reading to find the most valid legal reasons for eviction and a step-by-step understanding of the eviction process.
What Are The Eviction Laws In Arizona?
Eviction actions in Arizona are officially referred to as "special detainer" actions. These actions are governed by the Arizona Residential Landlord and Tenant Act, which provides the legal framework for landlords and tenants in the state. Understanding the key provisions of the Arizona Residential Landlord and Tenant Act is crucial for landlords to navigate the eviction process effectively and ensure compliance with the law.
Reasons For Eviction According To Arizona Eviction Laws
As a landlord in Arizona, you'll need to familiarize yourself with the valid grounds for eviction to ensure a compliant process and avoid illegal eviction.
Understanding these key Arizona eviction laws will help you confidently navigate the eviction process and protect your rights as a property owner.
Here are the key grounds for eviction recognized in Alaska.
Nonpayment of rent
Timely rent payments are essential for landlords to maintain their property and cover expenses. When a tenant falls behind on rent, landlords must take action.
To address nonpayment of rent, landlords in Arizona should issue a 5-Day Notice to Pay rent. This written notice gives the tenant a five-day grace period to pay the outstanding rent.
If the tenant pays the rent within this period, eviction does not proceed. However, if the tenant fails to pay the rent, the landlord has the right to continue with the eviction process.
Smoking on the premises
Another common reason for eviction in Arizona is the violation of the lease or rental agreement, specifically regarding smoking inside a non-smoking property.
When a tenant breaches the terms of the lease, landlords must take appropriate steps to address the violation.
Landlords must provide a 10-Day Notice to Comply or Vacate to address lease violations. This written notice informs the tenant of the breach and gives them ten days to rectify the issue.
If the tenant fails to comply or vacate the premises, the landlord can proceed with filing an eviction lawsuit.
Falsifying information on the rental application
Falsifying information on a rental application is a serious offense that can also lead to eviction in Arizona. Tenants who provide incorrect or misleading information, such as false employment or criminal history, can face eviction if discovered.
In cases of falsified information on the rental application, landlords must provide a 10-Day Notice to Comply or Vacate. This notice gives the tenant ten days to rectify the violation by providing accurate information.
If the tenant fails to comply or vacate within the notice period, the landlord can proceed with eviction.
Conducting Illegal Activity
Landlords should remain vigilant and take immediate action when they become aware of illegal activities within their rental properties. Illicit activities such as prostitution, violence, and drug-related offenses threaten the well-being and safety of other tenants and the property itself.
When tenants conduct illegal activities, landlords must issue a Notice to Vacate. The specific number of days given to the tenant to vacate the premises is at the landlord's discretion.
The eviction process proceeds if the tenant remains in the property beyond the notice period.
Arizona Eviction Laws: Quick Reference Table
| Problem | What to do |
|---|---|
| Tenant hasn’t paid rent. | Landlords in Arizona should issue a 5-Day Notice to Pay rent, giving tenants a grace period to settle outstanding rent. If unpaid, eviction can proceed. AZ § 33-1368 (2020) |
| Tenant has pets or long-term guests. | To address lease violations, landlords must provide a 10-Day Notice to Comply or Vacate. If the tenant fails to comply or vacate, the landlord can proceed with an eviction lawsuit. AZ § 33-1368 (2020) |
| Tenant falsified information on their application. | Landlords must provide a 10-Day Notice to Comply or Vacate. If the tenant fails to comply or vacate within the notice period, the landlord can proceed with the eviction process. AZ § 33-1368 (2020) |
| Tenant is conducting illegal activities. | When tenants conduct illegal activities, landlords must issue a Notice to Vacate. If the tenant fails to vacate within the notice period, the landlord can proceed with the eviction process. AZ § 33-1368 (2020) |
How To Evict A Tenant In Arizona: Step By Step Guide
Step 1 - Serve your notice.
The eviction process in Arizona begins with issuing proper notice to the tenant.
Start by issuing a Notice to Comply or Vacate. This is a formal communication to inform the tenant of the violation and allow them to rectify the issue or vacate the premises.
The notice should clearly state the reason for eviction and provide a specific time frame for the tenant to comply or vacate the property.
Step 2 - File the complaint and summons.
If the tenant fails to comply or vacate within the specified time frame mentioned in the notice, the next step in the eviction process is filing an eviction complaint.
Note that there are court fees involved with filing.
The complaint outlines the details of the eviction, the amount owed, and other relevant information.
Once the complaint is filed, the court will issue a summons, which notifies the tenant of the eviction hearing date.
The summons also informs the tenant of their right to appear in court and present their side of the case.
Step 3 - Attend the eviction hearing and receive judgment.
The eviction hearing is where both the landlord and tenant can present their arguments and evidence before a judge.
During the hearing, the landlord will present their case by providing evidence such as the notice, lease agreement, and other relevant documentation.
The tenant will have the chance to defend themselves, present evidence, and dispute the claims made by the landlord.
The judge carefully considers the evidence presented by both parties and makes a decision based on the merits of the case.
If the judge rules in favor of the landlord, an eviction judgment is issued.
Step 4 - Take possession and get a Writ of Restitution.
Following the eviction judgment, if the tenant does not voluntarily vacate the property, the landlord may proceed with obtaining a Writ of Restitution.
This legal document authorizes the constable or sheriff to physically remove the tenant and restore possession of the property to the landlord.
Once the Writ of Restitution is obtained, the constable or sheriff will schedule a time to execute the writ and remove the tenant from the premises. At that point, the landlord may change the locks and take possession of the property.
Rent Late? Hemlane Eviction Services Can Help
Hemlane offers comprehensive eviction services and on-demand delinquency management. We're here to help you navigate the eviction process, recover owed rent, and minimize court fees and stress. With our expertise and support, you can handle tenant delinquency cases smoothly. Take advantage of Hemlane's eviction services today.
