Eviction Process

Arizona Eviction Process: Timeline From Notice to Lockout

This article maps the Arizona eviction timeline stage by stage, from the first notice through the writ of restitution. It is one of the procedures covered in Arizona landlord-tenant law, the state’s reference on rental rights and duties under the Residential Landlord and Tenant Act. Every deadline below is counted in calendar days, not business days, under A.R.S. § 33-1368.

The Arizona eviction timeline at a glance

Arizona evictions move quickly compared with ordinary civil lawsuits. The Residential Landlord and Tenant Act sets short notice periods, and the court must hold the hearing within days of filing under A.R.S. § 33-1377. How long a case takes depends on the reason for the eviction and whether the tenant contests it.

  1. Serve the written notice (same day to 10 days)

    The landlord delivers a written notice that describes the breach and the deadline to fix it. Nonpayment of rent and health-and-safety violations each carry a five-day notice, other material lease violations a ten-day notice, and a material and irreparable breach an immediate notice, all under A.R.S. § 33-1368.

  2. File the special detainer complaint (day 0)

    If the tenant does not cure within the notice period, the landlord files a special detainer complaint in the justice court for the precinct where the property is located. The amount claimed in a justice court eviction cannot exceed $10,000, excluding interest, costs, and attorney fees, according to the Arizona Judicial Branch.

  3. Attend the hearing (3 to 6 days later)

    The summons issues on the day the complaint is filed, and the hearing is set no fewer than three and no more than six days later under A.R.S. § 33-1377.

  4. Judgment and writ of restitution (5-day wait)

    If the court rules for the landlord, it enters judgment and grants a writ of restitution, but the writ cannot issue until five calendar days after judgment under A.R.S. § 12-1178.

  5. Lockout by the constable

    A constable enforces the writ, removes the tenant, and restores possession to the landlord.

Step 1: The termination notice

Almost every Arizona eviction begins with a written notice that tells the tenant what the problem is and how long they have to fix it. The notice period depends on the type of breach, and A.R.S. § 33-1368 defines each one.

For unpaid rent, the landlord must give a five-day written notice of nonpayment and intent to terminate before filing. A tenant who pays all past-due rent and a reasonable late fee before the case is filed reinstates the rental agreement. For a lease violation that materially affects health and safety, the notice period is also five days. For other material violations, unauthorized occupants or pets, repeated rule violations, and similar breaches, the tenant gets ten days to cure. Health-and-safety and material-breach notices give the tenant the chance to fix the problem within the stated period and avoid a filing.

A material and irreparable breach is different. Conduct such as an illegal weapon discharge, criminal street-gang activity, or manufacturing a controlled substance lets the landlord serve an immediate notice and proceed straight to a special detainer action under A.R.S. § 33-1377.

Step 2: Filing the special detainer action

Once the notice period passes without a cure, the landlord files a special detainer complaint. Arizona eviction actions must be filed in the court for the area where the rental property sits, and most residential cases are filed in justice court. The Arizona Judicial Branch caps the amount claimed in a justice court eviction at $10,000, not including interest, costs, and awarded attorney fees.

Filing fees are set locally and vary by county. In Maricopa County, the justice court fee for an eviction complaint and summons is $69 as of 2026, while a writ of restitution costs $125. A tenant who files an answer pays no fee to do so.

Step 3: The summons and hearing

The summons issues the same day the complaint is filed. Under A.R.S. § 33-1377, the hearing is scheduled no fewer than three and no more than six days after the summons, and the summons must be served at least two days before the return day. For a material and irreparable breach, the hearing is set no later than the third day after filing, and if the court finds the breach occurred, it orders restitution twelve to twenty-four hours after the hearing.

At the hearing, the judge asks the landlord for the basis of the eviction and confirms the paperwork, then asks whether the tenant disputes it. A tenant who raises a valid defense, proof the rent was paid, improper notice, or an incorrect amount, may have the case dismissed or sent to a short trial. The Maricopa County Justice Courts note that needing more time to prepare is not, by itself, a valid reason to delay. When good cause is shown by affidavit, A.R.S. § 33-1377(C) allows a postponement of up to three days in justice court or five days in superior court.

Step 4: Judgment and the writ of restitution

If the tenant is found liable, the court enters judgment for possession and grants a writ of restitution under A.R.S. § 12-1178. The writ is the order that authorizes a constable to remove the tenant. It cannot issue until five calendar days after the judgment, which gives the tenant a short window to move out voluntarily.

A tenant who is served with a writ and stays in the unit, or returns to it, commits criminal trespass in the third degree under A.R.S. § 12-1178(D). Once the writ is executed, the landlord may also discontinue landlord-provided utilities the following day under A.R.S. § 33-1368(D).

Appeals and how they change the timeline

Either side can appeal the judgment, but the deadline is short and the appeal does not automatically stop the eviction. A notice of appeal must be filed within five calendar days of the judgment, and rent continues to accrue for each additional month the tenant remains, according to the Maricopa County Justice Courts. In Maricopa County the notice-of-appeal fee is $99 as of 2026. Unless a court orders otherwise, the writ of restitution can still be enforced while the appeal is pending.

Frequently asked questions

How long does an eviction take in Arizona?

An uncontested case usually runs about three to five weeks. The notice period is five or ten days, the hearing falls three to six days after filing under A.R.S. § 33-1377, and a writ of restitution cannot issue until five calendar days after judgment. Contested cases that go to trial or appeal take longer.

Can a landlord change the locks without going to court?

No. Self-help lockouts, removing a tenant’s belongings, and shutting off utilities to force a move are not allowed. A landlord must obtain a judgment and a writ of restitution, and only a constable may carry out the removal under A.R.S. § 12-1178.

What happens if the tenant pays before the hearing?

In a nonpayment case, paying the full amount owed, rent, late fees, attorney fees, and court costs after filing, reinstates the tenancy and stops the eviction under A.R.S. § 33-1368(B). Paying in full before the judge rules also keeps the case off the tenant’s record.

Can a tenant be removed immediately?

Only for a material and irreparable breach, such as certain criminal activity. In that case the landlord serves an immediate notice, the hearing is set within three days of filing, and the court can order restitution twelve to twenty-four hours after finding the breach occurred under A.R.S. § 33-1377(E).

Does an Arizona eviction stay on a tenant’s record?

An eviction judgment can appear in tenant-screening databases. A 2022 law requires the court to seal the record when the case is dismissed before judgment, when the tenant wins, or when both sides agree in writing to vacate and seal the judgment, under A.R.S. § 33-1379.

Sources

See also: How to Break a Lease in Arizona Without a Penalty. See also: Arizona Residential Lease Requirements: What Goes in a Lease. See also: Arizona warranty of habitability. See also: Arizona security deposit return rules.
Not legal advice. Statuteworks publishes procedural reference guides intended to help you understand how legal processes work. Laws and procedures change. For advice about your specific situation, consult a licensed attorney in your state. Read our editorial process →