How to Evict a Tenant in Arizona: 5-Day and 10-Day Notices to Writ

To evict a tenant in Arizona, deliver a written notice first. For unpaid rent, that's five days to pay. For a material lease violation, it's ten days to fix the problem, or five days if it affects health and safety. If the deadline passes, file a special detainer action, usually in the justice court for the precinct. The trial comes fast, three to six days after the summons issues. If you win, the writ of restitution can issue five calendar days after judgment. The tenant can stop a rent case before judgment by paying everything owed. After judgment, reinstating the tenancy is your choice.

Step 1: Pick the right notice

All periods in A.R.S. § 33-1368 are calendar days (§ 33-1368(G)).

The rent notice also starts the clock on reinstatement. Before you file, the lease is reinstated if the tenant pays all past-due rent and a reasonable late fee set out in the written lease. After you file, the tenant must also pay your attorney's fees and court costs. After judgment, reinstatement is up to you (§ 33-1368(B)).

A month-to-month tenancy ends on written notice at least 30 days before the periodic rental date (§ 33-1375(B)).

Step 2: Deliver it so the days count

A notice to a tenant is "received" when it is handed to the tenant, or when it arrives by registered or certified mail. Mailed notice counts as received on the date it actually arrives or five days after mailing, whichever comes first (A.R.S. § 33-1313(B)). So a five-day rent notice sent by certified mail can take up to ten days to run. Hand delivery is faster. Keep a signed acknowledgment or a delivery record either way.

Step 3: File the special detainer action

Special detainer is Arizona's eviction suit for residential tenancies. The summons issues the day you file and sets the trial not more than six or less than three days from the summons date. The summons must be served at least two days before trial. Alternatively, if personal service is attempted, the summons is posted on the main entrance within a day, and a copy goes by certified mail that same day, the tenant is treated as served three days after mailing (A.R.S. § 33-1377(B)). The Arizona courts' eviction resources list the forms and local justice courts.

For good cause shown by affidavit, the trial can be postponed up to three days in justice court or five days in superior court (§ 33-1377(C)). For a material and irreparable breach, trial is set no later than the third day after filing, and if you prove the breach, the court orders restitution 12 to 24 hours later (§ 33-1377(E)).

Step 4: Trial and judgment

Bring the lease, the notice and proof of delivery, a rent ledger, and evidence of any violation. If you win, the judgment covers possession, late charges stated in the lease, costs and, at your option, rent due through the end of the rental period. The court also grants a writ of restitution (§ 33-1377(F); A.R.S. § 12-1178(A)).

Step 5: The writ, appeals and move-out

No writ of restitution can issue until five calendar days after judgment. A motion to set aside the judgment doesn't delay it unless a judge finds good cause (A.R.S. § 12-1178(C)). A tenant who stays or comes back after being lawfully served with the writ commits criminal trespass (§ 12-1178(D)).

Either side may appeal from justice court to superior court within five calendar days of the judgment. To stay the eviction, the tenant must post a supersedeas bond covering rent from the judgment to the next rental date, plus costs and fees, and then pay rent to the court on each due date. Miss a payment and you can ask the court to lift the stay within five court days (A.R.S. § 12-1179).

After the writ is executed, you may have the landlord-provided utilities disconnected the next day, by the utility only. You must handle the tenant's belongings under § 33-1370's abandoned-property rules (§ 33-1368(D)–(E)).

What you can't do

If you unlawfully remove or lock out a tenant, or willfully cut off electricity, gas, water or another essential service, the tenant may recover possession or end the lease. They can also recover the greater of two months' rent or twice their actual damages (A.R.S. § 33-1367).

Arizona also bars retaliation. A tenant complaint to a code agency or to you about repairs, made within six months before you file, creates a presumption of retaliation. The presumption doesn't block an eviction for unpaid rent (A.R.S. § 33-1381).

Related tools and guides

The Arizona eviction laws page summarizes these notices with statute links, and the Arizona landlord-tenant law page covers deposits, entry and rent rules. Arizona late fees must be reasonable and written into the lease; the late fee calculator helps you check. A late rent notice is a good first step before the formal five-day notice. To compare Arizona's timeline with other states, see eviction notice types explained; for a non-rent problem, see how to write a lease violation notice.

Sources

Official sources cited above (checked 2026-10-30):

• A.R.S. § 33-1313, notice
• A.R.S. § 33-1367, unlawful ouster or diminution of services
• A.R.S. § 33-1368, tenant noncompliance and failure to pay rent
• A.R.S. § 33-1375, periodic tenancies
• A.R.S. § 33-1377, special detainer actions
• A.R.S. § 33-1381, retaliatory conduct
• A.R.S. §§ 12-1178 and 12-1179, judgment, writ of restitution and appeal
• Arizona Judicial Branch, eviction resources