Arizona Eviction Process Timeline

Arizona Eviction Process Timeline

Last Updated: January 23, 2023 by Elizabeth Souza

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.

Step Estimated Time
1. Initial Notice Period 5-30 Calendar Days
2. Lawsuit Filed & Summons Issued 1 Business Days
3. Tenant is Served 1-2 Business Days
4. Tenant Response 1-2 Calendar Days
5. Court Hearing & Judgment Issued 1-5 Business Days
6. Writ of Restitution is Issued & Served 12 Hours to 5 Calendar Days
7. Possession is Returned Immediately

1. Initial Notice Period

In Arizona, once a properly served eviction notice and lease termination 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.

Grounds Notice Period Curable?
Nonpayment of Rent 5 Days Yes
End of / No Lease * 10/30 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

* Varies based on rent payment frequency, i.e., 10 days if week-to-week or 30 days if month-to-month.

2. Lawsuit Filed & Summons Issued

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 court will issue the Summons no later than the next judicial day  after the Complaint is filed.

3. Tenant is Served

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

The tenant in Arizona 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 & Judgment Issued

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 & Served

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.

Arizona law does not specify how quickly the writ must be served to the tenant.

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.

Sources