Being Evicted
A.R.S. 33-1368 — five days' written notice for unpaid rent, then a special detainer action in court
Five days to pay. When rent is unpaid, an Arizona landlord may give written notice of the nonpayment and of the intent to terminate if the rent is not paid within five days. If it is not, the landlord may terminate the rental agreement by filing a special detainer action. The days are calendar days.
| The tenant's breach | Written notice |
|---|---|
| The tenant's breachRent unpaid when due | Written noticeFive days to pay, then a special detainer action |
| The tenant's breachMaterial noncompliance with the rental agreement, including material falsification on the application | Written noticeThe agreement ends at least ten days after receipt unless remedied in ten days |
| The tenant's breachFailing the tenant's maintenance duties in a way that materially affects health and safety | Written noticeThe agreement ends at least five days after receipt unless remedied in five days |
| The tenant's breachA second breach of the same or a similar nature in the lease term | Written noticeA special detainer action ten days after written notice of it |
| The tenant's breachA breach both material and irreparable, such as an illegal discharge of a weapon or an assault on the premises | Written noticeWritten notice of immediate termination |
Before the landlord files, the rental agreement is reinstated if the tenant tenders all past due rent and a reasonable late fee set out in a written rental agreement. After filing, it is reinstated only if the tenant also pays attorney fees and court costs. After a judgment for the landlord, reinstatement is solely the landlord's choice. A tenant may not withhold rent for any reason the landlord and tenant chapter does not authorize.
The summons is issued the day the complaint is filed and names a date not more than six nor less than three days away. For good cause shown by affidavit, the trial may be postponed by not more than three days in a justice court or five days in the superior court. If the tenant is found not guilty and the landlord took possession meanwhile, the court issues a writ of restitution for the tenant.
Material and irreparable breach moves faster. On a complaint of a material and irreparable breach, trial is set no later than the third day after filing, and if the court finds by a preponderance of the evidence that the breach occurred, it orders restitution not less than twelve nor more than twenty-four hours later.
A month-to-month tenancy ends on written notice given at least 30 days before the periodic rental date the notice names, and a week-to-week tenancy on written notice at least 10 days before the termination date. A tenant who stays willfully and not in good faith after the term ends may owe up to two months' periodic rent or twice the actual damages, whichever is greater.
Sources for this section (3)
- A.R.S. 33-1368 — Noncompliance with rental agreement by tenant; failure to pay rent
- A.R.S. 33-1377 — Special detainer actions; service; trial postponement
- A.R.S. 33-1375 — Periodic tenancy; hold-over remedies
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.