From start to finish, an eviction in Arizona is fairly quick and can be completed in 1-6 weeks. However, it can take longer depending on the reason for eviction, the courts availability and whether the tenant contests it.
|1. Initial Notice Period||5-30 Calendar Days|
|2. Landlord Files Lawsuit||1 Business Days|
|3. Court Serves Tenant||1-2 Business Days|
|4. Tenant Response/Answer Period||1-2 Calendar Days|
|5. Court Hearing & Judgment Issued||1-5 Business Days|
|6. Writ of Restitution is Issued/Posted||12 Hours to 5 Calendar Days|
|7. Possession is Returned||Immediately|
1. Initial Notice Period
In Arizona, once a properly served eviction notice takes effect, the tenant has between 5 and 30 calendar days (depending on the grounds for eviction) to correct the issue and/or move out.
|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|
2. Landlord Files Lawsuit
If the eviction notice expires in Arizona and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Forcible Entry and Detainer”) with the court the following business day.
3. Court Serves Tenant
In Arizona, the court will issue the Summons no later than the next judicial day after the Complaint is filed. The landlord must hire a process server to deliver the Summons and Complaint to each tenant named in the eviction at least 2 judicial days before the initial appearance.
4. Tenant Response/Answer Period
In Arizona, the tenant can file their Answer with the court as long as it is submitted on or before the initial appearance. The initial appearance is typically held 2 calendar days after the Summons is served to the tenant.
The eviction timeline could be extended if a tenant requests a postponement. The court can extend the court hearing for 3 calendar days in Justice Court or 10 calendar days in Superior Court.
5. Court Hearing & Issues Judgment
In Arizona, the eviction hearing shall be held no more than 5 judicial days from the date the Complaint is filed with the court.
However, if a Complaint is filed for a material and irreparable breach, the court hearing date will be set no more than the third day following the filing of the Complaint.
Additional time could be added to the eviction process if either party files an Appeal. The Appeal must be submitted within 5 calendar days after judgment is issued.
6. Writ of Restitution is Issued/Posted
In Arizona, if the court rules in favor of the landlord at the eviction hearing, the landlord may request a Writ of Restitution, which is the tenant’s final notice to move out. No writ shall be issued until 5 calendar days after judgment is entered.
However, if the eviction is for an irreparable breach, a Writ of Restitution can be issued 12 to 24 hours after judgment is entered.
7. Possession is Returned
If a tenant remains at the rental unit, a sheriff or constable may enforce the Writ of Restitution immediately after the writ’s notice period has ended. Once the writ is enforced, the tenant can be forcibly removed, and possession of the property shall be returned to the landlord.
- 1 AZ Rev. Stat. 12-1175 (2022)
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.
- 2 AZ Rev Stat § 12-1175 (2022)
C. The summons shall be served at least two days before the return day, and return made thereof on the day assigned for trial.
- 3 AZ Rev Stat § 12-1177 (2022)
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.
- 4 AZ Rev Stat § 12-1176 (2022)
The trial date shall be no more than five judicial days after the aggrieved party files the complaint.
- 5 AZ Rev Stat §12-1179 (2022)
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 …
- 6 17B A.R.S. Rules Proc. Evic. Act., Rule 13 (2022)
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…