In Arizona, all evictions follow the same process:
- Landlord serves tenant written notice.
- Landlord files complaint.
- Court serves tenant.
- Tenant response period.
- Court hearing and issues judgment.
- Writ of Restitution is issued
- Possession is returned.
From start to finish, an eviction in Arizona can be completed in one to six weeks. However, it can take longer depending on the reason and whether the tenant contests it.
Grounds for an Eviction in Arizona
In Arizona, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease expires, violating lease terms, falsifying information on the rental application, falsifying criminal/eviction history and committing illegal activity. Even so, proper notice must first be given before ending the tenancy.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 5 Days | Yes |
| End of / No Lease | 30 Days | No |
| Health / Safety Violation | 5 Days | Yes |
| Falsifying Information on Rental Application | 10 Days | Yes |
| Falsifying Criminal / Eviction History | 10 Days | No |
| Repetitive Conduct | 10 Days | No |
| Illegal Activity | Immediate | No |
Eviction for Nonpayment of Rent
In Arizona, a landlord can evict a tenant for not paying rent on time. To do so, they must first provide a 5 days‘ notice to quit, which gives the tenant an opportunity to pay or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Arizona the day immediately after its due date. So for example, if rent is due on the first day of the month, it is considered late starting on the second day of the month (if not paid in full). There is no right to a legal grace period (i.e., three days).
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
Eviction for No Lease or End of Lease
In Arizona, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (30 calendar days’ for tenants that pay month-to-month).
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Violation of Lease or Responsibilities
In Arizona, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Arizona landlord tenant law. Some violations allow the tenant to fix (“cure”) the issue to avoid removal. Whereas other violations do not allow the tenant to fix the issue (“incurable”) and the tenant must vacate the premises.
Tenant responsibilities include:
- Complying with all building codes that materially affect health and safety.
- Keeping the premises in a clean, safe and sanitary manner.
- Disposing of any ashes, rubbish, garbage, and other waste in a clean and safe manner.
- Using electrical, plumbing, sanitary, heating, ventilating, air conditioning facilities and appliances in a reasonable manner.
- Not deliberately or negligently destroying, removing or damaging any part of the premises.
- Not disturbing the neighbor’s peaceful enjoyment of the premises.
- Notifying the landlord, in writing, of any maintenance or repairs that need to be made.
- Providing the landlord with accurate and current information on the rental application.
- Not falsifying or excluding current criminal record, criminal history or eviction history on the rental application.
- Not repeating the same or a similar lease violation during the term of the lease.
- Not committing or allowing other persons to commit criminal or illegal activity on the premises.
Eviction for Health / Safety Violation
In Arizona, a landlord can evict a tenant for violating health and safety rules on the premises. To do so, the landlord must first serve the tenant a 5 days’ notice to comply or vacate. The tenant has the option to fix the issue within the 5-day notice period.
If a tenant violates health or safety rules more than once during the term of the lease, then it is a more serious offense, and the landlord may terminate the tenancy. Refer to the Repetitive Conduct section regarding repeat lease violations.
Examples of health/safety violations include:
- Failing to keep the premises in a clean, sanitary or safe manner.
- Using the plumbing, electrical or other fixtures in an unreasonable or unsafe manner.
- Committing minor property damage (i.e., small holes in the sheetrock or missing blinds).
- Failing to properly dispose of trash or other waste.
- Disturbing the peace/enjoyment of other persons on the premises.
- Failing to promptly notify the landlord of any health/safety issues that require repair or maintenance.
If a tenant deliberately damages the rental unit or disturbs other persons in a threatening or violent manner, the landlord may terminate the tenancy immediately. Refer to the Illegal Activity section for serious violations of the lease or unlawful conduct.
Eviction for Falsifying Information on Rental Application
In Arizona, a landlord can evict a tenant for providing false information on their rental application, which includes the incorrect number of occupants or inaccurate employment/income information. To do so, the landlord must first provide the tenant a 10 days’ notice to comply or vacate. The tenant has a chance to fix the issue within the 10-day notice period.
However, if the tenant falsifies or excludes criminal or eviction history on the rental application, it is a more serious offense and the landlord may terminate the tenancy.
Eviction for Falsifying Criminal / Eviction History
In Arizona, a landlord can evict a tenant for falsifying or excluding current criminal activity, criminal history or eviction history on the rental application. To do so, the landlord must first give the tenant a 10 days’ notice to vacate. The tenant does not have the opportunity to fix the issue and must vacate the premises within the 10-day period.
Eviction for Repetitive Conduct
In Arizona, a landlord can evict a tenant for committing a repeat lease violation (repetitive conduct) during the lease term. To do so, the landlord must first serve the tenant a 10 days’ notice of noncompliance. The tenant does not have the ability to fix the issue and must vacate the premises within the 10-day period.
Eviction for Illegal Activity
In Arizona, if a tenant commits an illegal activity that is both material and irreparable and occurs on the premises, the landlord can issue an immediate notice to vacate. The tenant is not given the opportunity to fix the issue and must move out immediately.
In Arizona, illegal activity includes:
- Illegal discharge of a weapon.
- Homicide.
- Prostitution.
- Assault.
- Criminal street gang activity.
- Threats or intimidation.
- Creating or causing a nuisance.
- Manufacturing, selling, transferring, possessing, using or storing a controlled substance.
- Endangering the health, welfare, or safety of the landlord, landlord’s agent or another tenant.
- Deliberate or negligent destruction of the premises.
Illegal Evictions in Arizona
In Arizona, either of the below actions by a landlord are illegal. If the landlord is found liable, the landlord could pay the tenant 2 month’s periodic rent or twice the actual damages sustained, whichever is greater.
“Self Help” Evictions
No matter the situation, a landlord is not allowed to forcibly remove a tenant by:
- Changing the locks.
- Shutting off utilities.
- Entering the premises unlawfully.
- Removing tenant belongings.
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right.
These rights include:
- Complaining to the landlord about an issue with the property.
- Contacting a local or government agency about an issue with the property.
- Joining, supporting or organizing a tenant union or organization.
- Pursuing legal action against the landlord.
Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in Arizona by serving the tenant with written notice. The notice must be delivered by one of the following methods:
- Hand delivering the notice to the tenant.
- Mailing the notice to the tenant via certified or registered mail with a return receipt.
It is important for a landlord to always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
5-Day Notice to Quit
If a tenant is late on paying rent (full or partial) in Arizona, the landlord can serve them a 5-Day Notice to Quit. This notice gives the tenant 5 calendar days to pay the balance due in full or vacate the premises.
30-Day Notice to Vacate
For a tenant with no lease or a month-to-month lease in Arizona, the landlord must serve them a 30-Day Notice to Vacate to end the tenancy. This lease termination notice allows the tenant 30 calendar days to move out. If the last day of the notice period falls on a weekend or legal holiday, then the notice officially expires on the next judicial day (a day when the courthouse is open).
However, for tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
| Week-to-Week | 10 Days |
| Month-to-Month | 30 Days |
5-Day Notice to Comply or Vacate
In Arizona, if a tenant violates health and safety standards, the landlord can serve them a 5-Day Notice to Comply or Vacate. This eviction notice gives the tenant 5 calendar days to fix the issue or move out.
If a tenant violates health or safety rules more than once during the lease term (repetitive conduct), then it is a more serious offense and the landlord may terminate the tenancy with the 10-Day Notice of Noncompliance.
10-Day Notice to Comply or Vacate
In Arizona, if a tenant provides false information on their rental application, which includes the incorrect number of occupants or inaccurate income/employment information, the landlord can serve them a 10-Day Notice to Comply or Vacate. This eviction notice gives the tenant 10 calendar days to fix the issue or move out.
However, if a tenant falsifies or excludes their criminal or eviction history on the rental application, it is a more serious offense and the landlord may terminate the tenancy with the 10-Day Notice to Vacate.
10-Day Notice of Noncompliance
In Arizona, if a tenant commits a subsequent lease violation of the same or a similar nature (repeat offense/repetitive conduct) during the lease term, the landlord can serve them a 10-Day Notice of Noncompliance. This eviction notice gives the tenant 10 calendar days to move out without the chance to fix the issue.
10-Day Notice to Vacate
In Arizona, if a tenant provides false information or excludes their current criminal activity, criminal history or eviction history on the rental application, the landlord can serve them a 10-Day Notice to Vacate. This eviction notice gives the tenant 10 calendar days to move out without the chance to fix the issue.
Immediate Notice to Vacate
In Arizona, if a tenant commits an illegal activity, the landlord can serve them an Immediate Notice to Vacate. This eviction notice gives the tenant an immediate notice to move out without the chance to fix the issue.
Step 2: Landlord Files Lawsuit
Once the tenant’s notice expires in Arizona, the landlord may file an eviction lawsuit (“Forcible Detainer”) with the court the following business day. Landlords can file in Justice Court for claims under $10,000 (filing fees cost $35) and claims over $10,000 are filed in Superior Court (filing fees cost $218).
The landlord will need to submit the following items to the court in person or by mail:
- Complaint Form – a legal document that identifies the parties and the reason(s) for the lawsuit.
- Summons Form – the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when/where to appear in court).
- A copy of the notice that was initially provided to the tenant.
Landlords should make at least 3 copies of each form and if there is more than one tenant involved in the eviction an additional copy should be made for each individual.
If you aren’t sure which court to file in, click here for a court directory.
Any complaint that is based on nonpayment of rent, shall state that if the tenant pays all unpaid rent, late fees, court costs and attorneys’ fees (that the landlord has incurred), the eviction will be dismissed.
Step 3: Court Serves Tenant
In Arizona, once the documents are filed, the Summons shall be issued to the process server the following judicial day. The process server shall deliver the required documents to each tenant named in the eviction at least 2 judicial days before the hearing.
The court hearing will be scheduled no more than 5 judicial days from the date the Complaint is filed. However, if a Complaint is filed for a material and irreparable breach, the initial hearing will be set no more than the third day following the filing of the Complaint.
Each tenant being served will receive a copy of the following documents:
- Summons
- Complaint
- A copy of the lease agreement
- Residential Eviction Information Sheet
- The last 6 months of accounting of the charges and attached payments (evictions for nonpayment of rent only)
The documents must be served to the tenant by a sheriff, deputy sheriff, constable, constable’s deputy, a registered private process server, or any other person who is appointed by the court. A Summons service typically costs $16.
The process server will deliver the documents by using one of the following delivery methods:
- Delivering a copy to the tenant personally
- Leaving a copy with someone of suitable age who resides at the dwelling unit.
- Delivering a copy of each to an agent authorized by appointment or by law to receive service of process (i.e., the tenant’s attorney).
Any alternative forms of service must be authorized by the judge.
If the tenant is not served within 90 days after the complaint is filed, the court can dismiss the case without prejudice. If there was a “good cause” for the failure of service, the court may extend the time for service.
Step 4: Tenant Response Period
In Arizona, the tenant has the opportunity to answer the landlord’s allegations, as long as the response is submitted on or before the court hearing. The tenant has the option to respond to the court by submitting an Answer, Counterclaim, or the tenant may choose to simply not answer.
During the initial appearance, the tenant may respond in any of the following ways:
Answer is Filed
The tenant in Arizona can file a written (or oral) Answer with the court as long as it is submitted on or before the initial appearance.
The tenant can admit or deny the landlord’s allegations. The tenant can ask the court to dismiss the landlord’s Complaint by asserting legal defenses.
Examples of legal defenses include:
- The tenant was not properly served with an eviction notice.
- The tenant is not the person who the Complaint should be made against.
- The court does not have jurisdiction to hear the case (i.e., the case is heard in Superior Court but the claim is less than $10,000).
The tenant must bring 3 copies of the Answer form to the court and shall provide a copy to the landlord. There are no filing fees to submit an Answer to a Complaint. The tenant may also submit an oral answer at the initial appearance. If the court finds that the tenant has a legitimate defense, the court will order a trial by the judge.
Counterclaim and Answer are Filed
In addition to filing an Answer, the tenant can file a Counterclaim in Arizona. A Counterclaim can be submitted into court if the tenant believes that the landlord owes them money due to the landlord’s breach of the lease agreement.
Examples of Counterclaims include:
- Habitability issues
- Noncompliance
- Violations of the Arizona Residential Landlord Tenant Act
- Landlord retaliation
- Self-help evictions
If the Counterclaim exceeds $10,000, the case will be transferred to Superior Court.
The Counterclaim must be filed with the Answer in writing and shall include the following information:
Note, if the landlord wants to contest the allegations that were made in the tenant’s Counterclaim, they must file a formal written reply with the court clerk and follow these instructions.
Answer is Not Filed
In Arizona, a tenant can decide not to provide an answer to the court. If the tenant does not provide an answer, the court can dismiss the case and enter a default judgment in favor of the landlord.
Continuance is Filed
A Continuance (or otherwise known as a “postponement”) may be requested in Arizona if there is good cause shown by an affidavit. For trials in Justice Court, the postponement may be extended for 3 calendar days and for trials in Superior Court, the postponement may be extended for 10 calendar days.
Step 5: Court Holds Hearing & Issues Judgment
In Arizona, the court hearing will be set no more than 5 judicial days from the date the Complaint is filed.
Landlords and tenants have the option to participate at the initial appearance by telephone or video conference. To do so, the landlord and/or tenant must inform the court via email, fax or telephone at least 2 hours prior to the hearing. If the court agrees to a remote appearance, all parties must participate remotely.
Once the hearing begins, the court will review the complaint and the tenant will be asked if they agree or disagree with the allegations. The tenant will answer, and the landlord will have a chance to respond. The court will make the final judgment and rule in favor of the landlord or tenant.
Possible scenarios in which a judge may rule in favor of the landlord include:
- If the tenant appears before the court but decides not to answer, pleads guilty, or has no legal defense the court can dismiss the case and enter a default judgment.
- If the tenant fails to appear, the court can dismiss the case and enter a default judgment.
- If the tenant does not have a legitimate legal defense, the court can grant a Judgment for Possession in favor of the landlord.
- If the judge decides that the tenant owes the landlord money, the court can grant a Judgment for Money in favor of the landlord.
Possible scenarios in which a judge may rule in favor of the tenant include:
- If the landlord fails to respond to the tenant’s Counterclaim, the court could dismiss the case and enter a default judgment in favor of the tenant.
- If the judge finds that the tenant has a legal defense or there is a legal dispute, the judge will set the case for trial. If the judge enters the case into trial, the trial could be that day or continued to the next eviction hearing date, depending on courts’ scheduling.
Once a decision is made, the court will provide a Judgment of Possession and possibly grant a monetary judgment to the prevailing party.
An Appeal is Filed
An Arizona tenant or landlord can file a Notice of Appeal (and a bond for the costs of an appeal) with the Justice Court in 5 calendar days of the judgment.
If the eviction was originally filed in the Justice Court, the Appeal will be transferred and heard in Superior Court (the filing fee is approximately $203 and the bond is determined by the court).
The appeal process differs depending on the type of case that is being appealed. A party may not file an appeal if there was a default judgment or the party filing the appeal did not show up to the court hearing. For more information on the Appeal process, click here.
Step 6: Writ is Restitution is Issued
In Arizona, a Writ of Restitution is served to a tenant by a constable or sheriff. The writ is issued 5 calendar days after judgment or 12 to 24 hours for “irreparable” breaches. Once the writ is served or posted, the tenant must vacate immediately.
The filing fee for a writ issuance is $28 and approximately $10 for a service fee. The sheriff or constable must serve the writ “promptly and expeditiously as possible” (unless the court finds there is good reason to delay the eviction; however, it is very rare that the court would delay the eviction).
Step 7: Possession is Returned
In Arizona, once the writ expires the tenant can be charged with criminal trespass in the third degree and the landlord stop utility services the day after the writ is executed.
A sheriff or constable may charge $48 plus $40 per hour per deputy or constable for actual time spent (in excess of 3 hours) for executing the writ or returning to the property to remove the tenant.
Tenant’s Personal Property Left Behind
If the tenant’s property is left behind the landlord must hold the property for 14 days and provide a Notice of Abandonment. If the tenant does not make reasonable effort to recover the items, the landlord may donate or sell the belongings. In Arizona, if animals are left behind, the landlord must immediately bring the animal to a shelter.
Arizona Eviction Process Timeline
In Arizona, an eviction can be completed in as little as 1 to 6 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Arizona eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
| Initial Notice Period | 5-30 Calendar Days |
| Court Issuing/Serving Summons | 2 Business Days |
| Court Ruling | 3-6 Business Days |
| Court Serving Writ of Restitution | 12 Hours to 5 Days |
| Final Notice Period | None (After Writ is Posted) |
Arizona Eviction Fees
In Arizona, the total cost of an eviction for all filing, court, and service fees varies heavily. For evictions claims under $10,000 that are filed in Justice Court the average cost is $177. For eviction claims over $10,000 that are filed in Superior Court the average cost is $362.
| Fee | Justice | Superior |
| Initial Court Filing | $35 | $218 |
| Summons Service | ~$16 | ~$16 |
| Writ of Restitution Issuance | $28 | $203 |
| Writ of Restitution Service | $10 or less | $10 or less |
| Writ of Restitution Execution | $48+ | $48+ |
| Notice of Appeal (Optional) | $203 | $203 |
| Document Copies (Optional) | $0.50/ea | $0.50/ea |
Sources
- 1 AZ Rev Stat §33-1368 (2020)
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B. A tenant may not withhold rent for any reason not authorized by this chapter. If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement by filing a special detainer action pursuant to section 33-1377.
- 2 AZ Rev Stat §33-1375 (2020)
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A. The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten days prior to the termination date specified in the notice. B. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.
- 3 AZ Rev Stat §33-1368 (2020)
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If there is a noncompliance by the tenant with section 33-1341 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than five days after receipt of the notice if the breach is not remedied in five days. However, if the breach is remediable by repair or the payment of damages or otherwise, and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement will not terminate.
The tenant shall:
1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building codes materially affecting health and safety.
2. Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit.
3. Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner.
4. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.
5. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises.
6. Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.
7. Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises.
8. Promptly notify the landlord in writing of any situation or occurrence that requires the landlord to provide maintenance or make repairs or otherwise requires the landlord to take action as prescribed in section 33-1324
- 4 AZ Rev Stat §33-1368 (2020)
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A…if there is a material noncompliance by the tenant with the rental agreement, including material falsification of the information provided on the rental application, the landlord may deliver a written notice…specifying the acts and omissions…and that the rental agreement will terminate on a date not less than ten days after receipt of the notice if the breach is not remedied in ten days.
- 5 AZ Rev Stat §33-1368 (2020)
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Tenant’s criminal records, prior eviction record and current criminal activity. Material falsification of information in this paragraph is not curable under this section… rental agreement will terminate on a date not less than ten days after receipt of the notice if the breach is not remedied in ten days
If there is an additional act of these types of noncompliance of the same or a similar nature during the term of the lease after the previous remedy of noncompliance, the landlord may institute a special detainer action pursuant to section 33-1377 ten days after delivery of a written notice advising the tenant that a second noncompliance of the same or a similar nature has occurred.
- 6 AZ Rev Stat §33-1341 (2020)
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The tenant shall:
1. Comply with all…building codes materially affecting health and safety.
2. Keep…the premises …clean and safe as the condition of the premises permit.
3. Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner.
4. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.
5. Use in a reasonable manner…facilities and appliances including elevators in the premises.
6. Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises…
7. …not disturb his neighbors’ peaceful enjoyment of the premises.
8. The tenant shall notify the landlord of…repairs or otherwise requires the landlord to take action as prescribed in § 33-1324.
- 7 AZ Rev Stat §33-1368 (2020)
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A…If there is a breach that is both material and irreparable and that occurs on the premises, which may include an illegal discharge of a weapon, homicide, …prostitution ,…criminal street gang activity,…activity as prohibited in section 13-2308, the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance,…threatening or intimidating,…assault,…acts that have been found to constitute a nuisance…
- 8 AZ Rev Stat §33-1367 (2020)
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If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than two months’ periodic rent or twice the actual damages sustained by him, whichever is greater. If the rental agreement is terminated the landlord shall return all security recoverable under section 33-1321.
- 9 AZ Rev Stat §33-1381 (2020)
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…a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after any of the following:
1. The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety.
2. The tenant has complained to the landlord of a violation under section 33-1324.
3. The tenant has organized or become a member of a tenants’ union or similar organization.
4. The tenant has complained to a governmental agency charged with the responsibility for enforcement of the wage-price stabilization act.
B. If the landlord acts in violation of subsection A of this section, the tenant is entitled to the remedies provided in section 33-1367 and has a defense in action against him for possession.
- 10 AZ Rev Stat §12-1175 (2020)
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A. When a party aggrieved files a complaint of forcible entry or forcible detainer, in writing and under oath, with the clerk of the superior court or a justice of the peace, summons shall issue no later than the next judicial day.
- 11 AZ Rev Stat § 12-1176 (2022)
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The trial date shall be no more than five judicial days after the aggrieved party files the complaint.
- 12 AZ Rev Stat §33-1377 (2020)
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E. If a complaint is filed alleging a material and irreparable breach… the summons shall be issued as provided in subsection B of this section, except that the trial date and return date shall be set no later than the third day following the filing of the complaint…
- 13 Ariz. R. Civ. P. 4 (2020)
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(d) (1) Service of process must be made by a sheriff, a sheriff’s deputy, a constable, a constable’s deputy, a private process server…
- 14 Ariz. R. Civ. P. 4.1 (2020)
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(1) delivering a copy of the summons and the pleading being served to that individual personally;
(2) leaving a copy of each at that individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; or
(3) delivering a copy of each to an agent authorized by appointment or by law to receive service of process. - 15 Ariz. R. Civ. P. 4 (2020)
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(i) Time Limit for Service. If a defendant is not served with process within 90 days after the complaint is filed, the court-on motion, or on its own after notice to the plaintiff- must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period….
- 16 17B A.R.S. Rules Proc. Evic. Act., Rule 11 (2020)
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17B A.R.S. Rules Proc. Evic. Act., Rule 11
(2) The defendant shall not be required to answer until the initial appearance. At the initial appearance, if the trial is not continued, the defendant may file an oral answer on the record. - 17 AZ Rev Stat § 12-1177 (2022)
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C. For good cause shown, supported by affidavit, the trial may be postponed for a time not to exceed three calendar days in a justice court or ten calendar days in the superior court.
- 18 17B A.R.S. Rules Proc. Evic. Act., Rule 13 (2020)
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A. If the defendant fails to appear in person or through counsel on the initial return date, and no continuance is granted, the court, after determining that the conditions of Rule 13(a)(1)-(4) are satisfied, shall enter a default judgment against the defendant.
- 19 AZ Rev Stat §12-1179 (2020)
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A. Either party may appeal from a justice court to the superior court in the county in which the judgment is given by giving notice as in other civil actions within five calendar days …
- 20 AZ Rules of Procedure for Eviction Actions, Rule 13 (2020)
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c. (1)A…No writ of restitution shall be issued until five calendar days after the judgment is signed. B. When an immediate termination has been obtained due to a breach of a residential lease agreement that qualifies as “material and irreparable”…the judgment shall provide for the writ of restitution to issue between 12 and 24 hours after entry of judgment…
- 21 AZ Rev Stat §11-445 (2020)
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10. For posting or serving any notice, process, writ, order, pleading or paper required or allowed by law, not otherwise provided for, $16 except that posting for a writ of restitution shall not exceed $10.
- 22 AZ Rev Stat §12-1178 (2020)
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D. A defendant who is lawfully served with a writ of restitution and who remains in or returns to the dwelling unit…without the express permission of the owner of the property or the person with lawful control of the property commits criminal trespass in the third degree…
- 23 AZ Rev Stat §33-1368 (2020)
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D. The landlord may discontinue utility services provided by the landlord on the day following the day that a writ of restitution…is executed… Disconnections shall be performed only by a person authorized by the utility whose service is being discontinued…
- 24 AZ Rev Stat §11-445 (2020)
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8. For executing and returning each writ of possession or restitution, $48 plus a rate of $40 per hour per deputy or constable for the actual time spent in excess of three hours.
- 25 AZ Rev Stat §33-1370 (2020)
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F. The landlord shall hold the tenant’s personal property for a period of fourteen calendar days after the landlord retakes possession of the dwelling unit.
