1. Notice to Quit is given to the tenant. Before a tenant can be evicted in Arizona, the landlord must give the tenant written notice of the reason to terminate the tenancy. In some instances, the notice may give the tenant time to correct the problem (or move out) in order to avoid eviction. Here’s a list of Arizona eviction notices which are explained in greater detail under the Notice to Quit heading:
The landlord must certify on the bottom of the original notice that a copy was delivered to the tenant in person or by certified mail. Unlike many other states, Arizona does not consider a Notice to Quit served simply by affixing it to the front door of the dwelling unit. If mailing a notice, a landlord must allow an additional 5 days for the tenant to act.
2. Wait for tenant to respond. Each type of an Arizona Notice to Quit has its own time frame along with the additional 5 days that’s required when serving a tenant by mail.
3. Lawsuit is filed. The landlord files a Forcible Entry and Detainer complaint and summons with the Justice Court if the tenant does not fix the problem or move by the deadline set in the Notice To Quit. In Arizona, a landlord generally needs 5 copies of the complaint and summons, one for the court, the landlord, two for the defendant and the other for a process server.
4. Tenant is given notice of the lawsuit. A process server will physically serve the tenant with a copy of the complaint and summons. The summons orders the tenant to:
a. appear at an eviction hearing, and
b. file a written answer to claims made in the complaint.
Note: If the lawsuit has been filed for not paying rent, the tenant can stop it and continue living in the residence by paying all rent past due, late fees, attorney’s fees and Court costs.
5. Schedule an Eviction Hearing. The court holds an eviction hearing after the case is filed in court and at least 2 days after the summons is served on the tenant. At this hearing, the judge will decide who gets possession of the property. If the tenant disputes the landlord’s claims, then the judge will set a date for trial to hear evidence from both parties.
7. File a writ of restitution. If the tenant does not dispute the landlord’s claims at the hearing or prevail at trial and the landlord receives a judgment for possession, the landlord must file a writ of restitution with the sheriff’s office to have the tenant warned they are trespassing if they do not vacate the property.