How Many Days Is the Eviction Notice in Arizona?

TABLE OF CONTENTS

How Many Days for Different Eviction Notices in Arizona?

Failure to Pay Rent

Violation of Lease Agreement

Illegal or Unsafe Activity

Month-to-Month Lease

A Timeline of Evictions in Arizona

Eviction Notice

Eviction Complaint

Court Summons

Eviction Hearing

Verdict

Need Help Finding a Real Estate Agent and Home Buyer in Arizona? Contact Unbiased Options

As a property owner, one of your worst experiences is needing to evict a tenant. However, despite rental demand being at an all-time high, evictions in Arizona are also on the rise. While no one ever plans to evict a tenant, situations can occur that are beyond anyone’s control.

So, it helps to know the eviction process and how long eviction notices take in Arizona. This way, if you are ever in one of these situations, you know what to do and how long you have before more action is taken.

How Many Days for Different Eviction Notices in Arizona?

There is no “one-size-fits-all” for evictions. Property owners can choose to evict tenants for multiple reasons, but tenants also have inalienable rights that protect them from unfair housing practices.

Overall, the length of an eviction notice depends on the circumstances that force a property owner to send the notice in the first place. Let’s break these situations down and look at what can trigger a notice.

Failure to Pay Rent

One of the most common reasons a property owner sends a notice to a tenant is if that person can’t pay their rent. This payment failure usually results from external circumstances, such as a job loss, personal injury, or even a global pandemic.

In Arizona, a property owner can send a five-day Pay or Quit Notice as soon as a tenant fails to pay rent. This notice tells the tenant they have five days to pay the rent or move out of the unit. If the tenant chooses the latter option, the property owner can keep any security deposit and sue for any outstanding rent balance.

Violation of Lease Agreement

One common problem for tenants is that they don’t review their lease agreement as carefully as they should. While these documents are standard for renting, property owners can include various provisions. Once you sign the agreement, you are bound to follow those provisions, even if you disagree.

Some examples of potential violations can include:

  • Having pets on the property, even temporarily
  • Smoking or using drugs like cannabis on the property
  • Hosting parties or having multiple guests over
  • Performing any renovations or upgrades to the unit without express permission

Sometimes, a tenant may violate the agreement without realizing it. In other cases, the violation may be intentional. Either way, a property owner can send a 10-Day Cure or Quit Notice. This notice gives the tenant ten days to fix the problem or leave the premises.

Again, if a tenant chooses to leave, they may forfeit their security deposit, and the property owner can choose to sue for damages or outstanding balances.

Also, if a tenant violates the lease agreement twice before it expires, a property owner can file a 10-Day Unconditional Quit Notice. In this case, the tenant doesn’t have the option to fix any problem and must move out within ten days. Otherwise, the property owner can file an eviction complaint with the court.

Illegal or Unsafe Activity

Having a lease agreement doesn’t mean tenants can break the law. If a property owner has evidence that a tenant is doing anything illegal, such as selling illicit drugs, trafficking people, or engaging in prostitution or gambling, the property owner can send an immediate, unconditional quit notice. This document means the tenant has to vacate the premises immediately, and the property owner may involve local law enforcement.

This kind of immediate eviction is possible if the tenant has made the rental unit hazardous or unsafe. For example, if there are exposed electrical wires, they could cause a fire or deadly injury to anyone onsite. Similarly, if a tenant has let garbage and sewage back up into the house, those elements could attract pests, mold, and infectious diseases.

Month-to-Month Lease

Finally, a property owner can send a 30-day eviction notice if a tenant is on a month-to-month lease. Since the lease has to renew every month, the property owner maintains the option not to renew the lease. However, if a property owner fails to send a 30-day notice, they may be expected to renew the lease the following month (if the tenant also wishes to renew).

A Timeline of Evictions in Arizona

Receiving a notice is only one part of the eviction process. On average, an eviction can take up to 30 days or more from notice to removal, depending on the specific circumstances of the case. Here’s a quick overview of how this process works and the timeline for each step.

Eviction Notice

As we mentioned, property owners can send eviction notices for different reasons, such as a failure to pay rent or violating a lease agreement. These notices can be immediate, five-day, ten-day, or 30-day notifications.

Eviction Complaint

If a tenant doesn’t satisfy the requirements of an eviction notice (i.e., they don’t pay the rent within five days), the property owner can file an official complaint with the court the day after the notice expires. To do this, the property owner must visit the courthouse of the jurisdiction in which the property exists and pay a filing fee. In Arizona, the fee can be $35 for a justice court and $218 for a superior court.

Court Summons

On the same day an eviction complaint is filed, the court issues a summons. Neither the property owner nor their lawyer can serve this summons to the tenant. The tenant must send and receive this document at least two days before the eviction hearing.

The best method of serving a court summons is through a certified process server. The property owner may also post the summons in a visible area of the property and mail a copy via certified mail.

Once the tenant receives the summons, they can request a continuance. For justice courts, the continuance can be for three days or five days for superior court.

Eviction Hearing

Eviction hearings are scheduled within three to six days after a complaint is filed. For instances of illegal activity, the hearing is always three days from the complaint date.

The tenant does not have to respond to the summons, but they do need to show up for the hearing. During the hearing, the property owner must provide evidence to support their eviction.

Verdict

If the judge finds in favor of the property owner, the tenant has five days to appeal the ruling. However, in instances of illegal activity, the tenant only has 24 hours for an appeal. If there is no appeal, the court issues a Writ of Restitution. Depending on the circumstances of the case, the tenant may have 12 hours to five days to move out of the property.

Need Help Finding a Real Estate Agent and Home Buyer in Arizona? Contact Unbiased Options

Finding a buyer or seller can be challenging, especially as Arizona’s real estate market heats up. Work with a reputable real estate agent or investor to help you navigate the complexities of buying or selling an as-is property. Contact us to find out more today.

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