What Are Arizona’s Rules of Procedure for Eviction Actions?

Arizona’s Rules of Procedure for Eviction Actions, known as the RPEA, are built for speed: a case can move from the landlord’s written notice to a constable-supervised lockout in under two weeks. The rules govern how the landlord must warn the tenant, what the complaint has to say, how quickly the court hears the case, and how and when a writ of restitution authorizes physical removal. Every step has a deadline measured in days, and missing one usually decides the case.

The Pre-Filing Notice

A landlord cannot walk into court first. Arizona law under Title 33 requires a written termination notice delivered to the tenant before any complaint is filed, and the required waiting period depends on what the tenant did.

For unpaid rent, the notice must state that the rental agreement ends unless the tenant pays within five days of receiving it.¹

For a material lease violation that does not affect health or safety, such as an unauthorized pet or unpermitted subletting, the tenant gets a ten-day written notice identifying the specific breach. Fixing the problem within those ten days saves the lease. If the same type of violation recurs within six months, the landlord can terminate on a fourteen-day notice with no second chance to cure.¹

When the violation directly threatens health or safety, the cure period drops to five days, and the notice must spell out exactly what needs to change.¹

Some conduct triggers immediate termination with no cure period at all. The statute’s non-exhaustive list includes discharging a weapon on the property, homicide, prostitution, criminal street gang activity, drug manufacture or sales, threatening or intimidating conduct, assault, and anything that jeopardizes the health, safety, or welfare of the landlord, the landlord’s agent, or other tenants. These cases proceed under the expedited procedures in A.R.S. 33-1377.¹

Notice can be hand-delivered or sent by registered or certified mail. If mailed, receipt is deemed to occur on the actual delivery date or five days after mailing, whichever is earlier.²

Filing the Complaint

Once the notice period expires without compliance, the landlord files an eviction complaint in the Justice Court for the precinct where the property sits. The complaint has to identify the specific ground for eviction, describe how and when the pre-filing notice was served, attach that notice as an exhibit, and include the lease and any addendums for service.³

In nonpayment cases where the landlord wants a money judgment, the complaint must also itemize what is owed: the payment frequency and due date, how any late fees were calculated, and the total due as of the filing date. It must tell the tenant that paying everything owed before judgment will reinstate the lease.³

Serving the Tenant and Setting the Hearing

A constable, sheriff, or licensed private process server delivers the summons and complaint. Service is by personal delivery, or by posting the documents in a conspicuous place on the property and mailing copies by certified mail. The tenant must receive service at least two days before the initial court appearance.⁴

For a special detainer action based on nonpayment, the hearing is set no fewer than three and no more than six days after the summons issues. For an immediate and irreparable breach, the hearing occurs no later than the third day after the complaint is filed.⁵

The Initial Appearance

The tenant can file a written answer or present defenses orally, on the record, at the initial appearance. If the court schedules a separate trial, it may order a written answer by that later date.⁶ There is no filing fee for a tenant to file an answer.

Not showing up is fatal. If the tenant fails to appear, the court enters a default judgment for possession and the case proceeds straight to the writ stage.

At the hearing, the court summarizes the allegations and asks whether the tenant contests them. If a defense or counterclaim looks legitimate, the court sets a short trial. If nothing is disputed, judgment can be entered immediately. The landlord bears the burden of proof: a valid tenancy, a breach, and a pre-filing notice that satisfied every statutory requirement. A defective notice, wrongly served or wrongly calculated, requires dismissal.

A judgment for the landlord can include possession plus unpaid rent, late fees allowed by a written lease, attorney fees, court costs, and other damages the evidence supports. The judgment also sets the timing for the writ of restitution.

Paying to Stay in a Nonpayment Case

In a nonpayment case only, the tenant has a right to reinstate the lease by paying, before the judge enters judgment, all past-due rent, any late fees authorized by a written lease, the landlord’s attorney fees, and court costs. Paying the full amount produces automatic reinstatement and dismissal of the case.⁷ After judgment, reinstatement requires the landlord’s voluntary agreement.

Landlords face a parallel trap. Accepting partial rent after learning of a default generally waives the right to evict for that breach. The exception is a written agreement signed at the same time as the partial payment, setting out the balance and its due date. Accepting a housing assistance payment does not count as accepting partial rent.⁸

Defenses That Work

Tenants who appear have several recognized defenses:

Defective notice is the most common. A wrong cure period, a notice that fails to identify the specific breach, or improper service requires dismissal regardless of whether rent is actually owed.
In a nonpayment case, the tenant can counterclaim for the landlord’s own failure to maintain the property or comply with the lease. The court offsets the amounts, and if the tenant comes out ahead, judgment on possession goes to the tenant.⁹
Retaliation is a defense when the tenant, within the six months before filing, complained to a government agency about code violations, complained to the landlord about maintenance duties, or joined a tenants’ organization. The court presumes retaliation in those circumstances, though the landlord can rebut it. Retaliation does not apply if the tenant is behind on rent.⁹
Discrimination based on race, religion, familial status, or another protected characteristic is a defense to the eviction and grounds for separate damages under fair housing law.

The Writ of Restitution and Lockout

A judgment does not, by itself, authorize a lockout. In most cases the landlord must wait five calendar days after judgment before applying for a writ of restitution. Filing a motion to set aside or vacate the judgment does not stop the clock unless the court finds good cause for a stay.¹⁰

Immediate and irreparable breach cases are the exception. When the court finds such a breach, restitution is ordered no fewer than twelve and no more than twenty-four hours after the hearing.⁵

Once the writ issues, a constable or sheriff serves it and oversees the return of the property. The landlord cannot change locks or enter before the writ is served, and a tenant who stays or returns after execution can be charged with criminal trespass.¹¹ The landlord has 45 days after judgment to apply for the writ. Later applications require the landlord to explain the delay and certify that the tenancy was not reinstated.¹²

Property Left Behind

After execution of the writ, the landlord must hold the tenant’s belongings for fourteen calendar days, using reasonable care in moving and storing them. The tenant can reclaim everything by paying actual removal and storage costs. Even before paying, the tenant is entitled to retrieve clothing, tools of the trade, and identification or financial documents, including immigration and public assistance records.¹³

If the tenant makes no effort to recover within fourteen days, the landlord may donate the property to charity or sell it. Sale proceeds go first to unpaid rent and other charges allowed by the lease or statute, and any excess must be mailed to the tenant’s last known address.¹³

Appealing an Eviction Judgment

Either party can appeal to Superior Court, but the deadline is five calendar days from the date the judge signs the judgment.¹¹ One day late forfeits the appeal.

Filing the appeal alone does not keep the tenant in the unit. To block the lockout during the appeal, the tenant must post a supersedeas bond equal to the rent from the judgment date through the next periodic rental date, plus any court costs and attorney fees included in the judgment. The bond cannot be waived or deferred.¹⁴

After the bond is posted, the tenant has to keep paying rent into the court by the due date each month, and the court forwards those payments to the landlord. There is no grace period. A single late payment can result in removal from the property while the appeal is still pending.¹⁵

1
Arizona Legislature. Arizona Code 33-1368 – Noncompliance With Rental Agreement by Tenant
2
Arizona Legislature. Arizona Code 33-1313 – Notice
3
New York Codes, Rules and Regulations. Rule 5 – Summons and Complaint; Issuance, Content and Service
4
Arizona Judicial Branch. Eviction Actions
5
Arizona Legislature. Arizona Code 33-1377 – Special Detainer Actions
6
Arizona Judicial Branch. Material Breach of the Rental Agreement (Immediate and Irreparable)
7
Arizona Judicial Branch. Non-Payment of Rent
8
Arizona Legislature. Arizona Code 33-1371 – Acceptance of Partial Payments; Waiver of Right to Terminate
9
Arizona Department of Housing. Arizona Residential Landlord and Tenant Act
10
Arizona Legislature. Arizona Code 12-1178 – Judgment; Writ of Restitution
11
Arizona Judicial Branch. After an Eviction Judgment
12
New York Codes, Rules and Regulations. Rule 14 – Writs of Restitution
13
Arizona Legislature. Arizona Code 33-1370 – Landlord Liens; Distraint for Rent
14
Arizona Legislature. Arizona Code 12-1179 – Appeal to Superior Court
15
AZ Court Help. I Have Filed an Appeal on My Eviction – Who Do I Pay My Rent To?