In Arizona, landlords may remove a renter who does not pay their rent. This is how.
According to the Arizona Residential Landlord and Tenant Act, this article will detail the steps a landlord must take when evicting a tenant for nonpayment of rent.
Unless the landlord and tenant agree differently in the lease or rental agreement, rent is normally due on the first day of each month, regardless of weekends or holidays. This implies that if the first of the month falls on a Saturday and the tenant fails to pay rent until the following Monday, the rent may be deemed late.
A landlord may serve an eviction notice on a tenant the day after the renter fails to pay rent on time. The notice must tell the renter that eviction procedures will commence if the rent is not paid within five days. This document is commonly referred to as a “five-day notice” since it provides the renter five days to pay the rent. The renter will have five days to pay the rent after getting the notice, including weekends and holidays. If the tenant fails to pay the rent within five days, the landlord may file an eviction case in court (see Ariz. Rev. Stat. Ann. 33-1368(B)).
The eviction notice for nonpayment of rent must be in writing and contain the following details:
The Maricopa County Justice Court website has an example eviction notice for Arizona.
According to Arizona state law (Ariz. Rev. Stat. Ann. 33-1313(B)), a landlord has two options for serving the eviction notice on the tenant: (1) the landlord or an agent of the landlord can personally serve the notice on the tenant, or (2) the landlord can mail a copy of the notice to the tenant via registered or certified mail; it is always best practice to request a return receipt if using this option.
Pay the rent during the five-day term. The landlord must not continue with the eviction in this circumstance. If the tenant fails to pay the rent on time again in the future, the landlord must go through the full eviction procedure again.
Pay the rent, as well as any late fines and court costs, at any time before the court orders the eviction. In certain conditions, the landlord must refrain from evicting the renter.
Leave the rented apartment without paying the rent. If the tenant vacates the rental unit and fails to pay the rent, the landlord may, if feasible, utilize the tenant’s security deposit to cover the unpaid rent. If the security deposit does not cover the whole amount owed, the landlord may sue the renter for the balance.
Nothing should be done. If the tenant fails to pay the rent and does not vacate the unit, the landlord may file a lawsuit in court to commence the eviction process. This is also known as a special detainer action.
33-1368, Ariz. Rev. Stat. Ann (B).
If the tenant does not pay rent or vacate the rental unit within five days of receiving the eviction notice, the landlord may file a complaint and summons in the county where the rental unit is situated. Before the tenant may be removed, the landlord must successfully defend the eviction case.
The Maricopa County Justice Court website has an example Arizona complaint and summons for a special detainer action.
In Arizona, it is unlawful for a landlord to utilize “self-help” tactics to force a tenant out of a rental property, such as changing the locks or turning off the utilities (see Ariz. Rev. Stat. 33-1367). The landlord’s sole choice is to file an eviction case via the court system, and the landlord must meticulously follow all of the formalities while doing so.