There is no longer an Arizona eviction moratorium in effect. Governor Ducey’s state moratorium expired on October 31, 2020, and the U.S. Supreme Court struck down the nationwide CDC moratorium on August 26, 2021.1Federal Register. Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 Residential evictions in Arizona now proceed under the standard rules of the Arizona Residential Landlord and Tenant Act. One narrow federal protection does survive: a 30-day notice requirement for tenants in properties with federally-backed mortgages or federal housing subsidies.
When the Moratoriums Ended
Two layers of protection applied in Arizona during the pandemic. The state moratorium came out of a public health emergency Governor Ducey declared on March 11, 2020, was extended once, and expired on October 31, 2020.2Supreme Court of the State of Arizona. Arizona Supreme Court Administrative Order 2021-47 Tenants who qualified had to show substantial COVID-related financial hardship and submit a signed declaration to the landlord.
The federal CDC order took effect on September 4, 2020, was extended several times, and ended on August 26, 2021 when the Supreme Court ruled the CDC had exceeded its statutory authority.1Federal Register. Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19
Neither moratorium erased any tenant debt. Rent and late fees that accrued during the covered months remained owed, and a landlord can sue to collect that balance today under ordinary contract and eviction procedures.
The One Federal Protection That Survived
Section 4024(c) of the CARES Act has no sunset date and remains in force. It requires landlords of “covered dwellings” to give tenants at least 30 days’ written notice before requiring them to vacate for nonpayment of rent. That is longer than Arizona’s standard five-day notice, and the federal rule controls when it applies.
A property is covered under the CARES Act if either of these is true:
- It participates in a federally subsidized housing program, such as Section 8 vouchers, public housing, or USDA rural housing vouchers.
- It has a mortgage insured, guaranteed, or purchased by a federal agency or government-sponsored enterprise, including FHA-insured loans, VA-backed loans, and loans owned by Fannie Mae, Freddie Mac, or the USDA.
The second category is larger than most tenants realize. A substantial share of single-family rentals and apartment buildings carry federally-backed financing. If you receive a five-day notice for nonpayment and your building is federally subsidized or your landlord’s mortgage is federally backed, the notice is defective and 30 days is required instead. Landlords uncertain about their own loan should check with the servicer before serving any notice to vacate.
How Arizona Eviction Works Now
Arizona uses a judicial eviction process. A landlord cannot change locks, remove doors, shut off utilities, or move a tenant’s belongings out — the case has to go through court. The specific action is called a special detainer action under the Arizona Residential Landlord and Tenant Act.3Arizona Legislature. Arizona Code 33-1377 – Special Detainer Actions; Service; Trial Postponement
Before anything is filed, the landlord must deliver written notice. The required notice depends on the reason:
Unpaid Rent: Five-Day Notice
The landlord delivers a written notice stating that rent is overdue and that the lease will terminate if the full amount is not paid within five days. If the tenant pays all past-due rent plus any reasonable late fee allowed by the lease before the landlord files in court, the lease is automatically reinstated and the eviction stops.4Arizona Legislature. Arizona Code 33-1368 – Noncompliance with Rental Agreement by Tenant; Failure to Pay Rent Remember: if the CARES Act applies to your property, the required notice is 30 days, not five.
Lease Violations: Ten-Day Notice
For other breaches — an unauthorized pet, property damage, exceeding the occupancy limit — the landlord must deliver a ten-day notice identifying the specific violation and giving the tenant ten days to fix it. Correcting the problem within that window stops the eviction.4Arizona Legislature. Arizona Code 33-1368 – Noncompliance with Rental Agreement by Tenant; Failure to Pay Rent
Immediate Termination for Serious Conduct
Some conduct allows a landlord to deliver a notice of immediate termination with no opportunity to cure. The statute lists examples including illegal weapons discharge, homicide, prostitution, criminal street gang activity, drug manufacturing or distribution, threatening or intimidating behavior, assault, and nuisance conduct. The list is not exhaustive — any breach that is both material and irreparable and that jeopardizes health, safety, or welfare qualifies.4Arizona Legislature. Arizona Code 33-1368 – Noncompliance with Rental Agreement by Tenant; Failure to Pay Rent
Mailed Notices
When a notice is sent by registered or certified mail rather than hand-delivered, the tenant is considered to have received it on the actual delivery date or five days after mailing, whichever comes first.5Arizona Legislature. Arizona Code 33-1313 – Notice
Court Timeline
After the notice period passes without cure or move-out, the landlord files a complaint with the local justice court. The hearing is set no fewer than three and no more than six days from the summons.3Arizona Legislature. Arizona Code 33-1377 – Special Detainer Actions; Service; Trial Postponement For immediate-termination cases involving health or safety, the hearing must be held within three days of filing. Arizona eviction cases move quickly, and a tenant who does not appear receives a default judgment.
What Tenants Can Still Do
The moratoriums are gone, but tenants still have real options.
Pay and reinstate. Paying all past-due rent plus any reasonable late fee specified in the lease before the court filing automatically reinstates the lease.4Arizona Legislature. Arizona Code 33-1368 – Noncompliance with Rental Agreement by Tenant; Failure to Pay Rent Arizona and several counties — including Maricopa, Pima, and Yuma — still run rental assistance programs that can cover back rent for eligible households.6Arizona Department of Housing. Rental Assistance and Eviction Prevention Programs Applying before the five-day notice runs out gives the best chance of staying put.
Raise habitability as a counterclaim. If the landlord is suing for unpaid rent while out of compliance with the lease or Arizona’s habitability requirements, the tenant can raise that noncompliance as a counterclaim. The court can offset damages against the rent owed, and a good-faith tenant who satisfies any remaining rent judgment must be ruled in favor of on the eviction itself.7Arizona Department of Housing. Arizona Residential Landlord and Tenant Act – Section 33-1365
Challenge the notice. Judges in eviction hearings look hard at whether the landlord followed every procedural step. The wrong notice type, improper delivery, or a court filing made before the notice period expired can get a case dismissed. A tenant in a CARES Act-covered property served with only five days’ notice has a clean procedural defense.
Raise retaliation. A landlord cannot file for eviction, raise rent, or cut services because a tenant complained to a government agency about building or housing code violations, reported habitability problems to the landlord, or joined a tenant organization.8Arizona Department of Housing. Arizona Residential Landlord and Tenant Act – Section 33-1381 If the tenant made a protected complaint within six months before the filing, the eviction is presumed retaliatory and the landlord has to prove otherwise. The presumption does not apply if the complaint came only after the termination notice, and retaliation is no defense if the code problem was caused by the tenant’s own negligence or if rent is unpaid.
What Landlords Still Cannot Do
The end of the moratoriums did not change the limits on landlord conduct. Removing a tenant without a court order, or shutting off electricity, gas, water, or other essential services to force a move-out, violates state law. The tenant can either recover possession or terminate the lease and in either case recover up to two months’ rent or twice the actual damages, whichever is greater, plus the full security deposit.9Arizona Department of Housing. Arizona Residential Landlord and Tenant Act – Section 33-1367
Local legal aid organizations throughout Arizona provide free or low-cost help for tenants who cannot afford an attorney. Given how fast these cases move, contacting one as soon as a notice arrives — not after the hearing date is set — is usually the difference between keeping options open and losing by default.