A Guide to the Eviction Laws in Arizona
Any landlord knows that having to evict a tenant from your rental property is never ideal. However, sometimes it is a necessary course of action in order to prevent further issues with a problematic tenant.
Arizona, like many other states, has a unique set of rules and regulations regarding how eviction processes must take place. If you are a landlord with rental properties in the state of Arizona, it is crucial to be aware of the following laws and the security deposit laws so that you can avoid legal issues.
Legal Causes for Eviction in Arizona
In Arizona, it is illegal for a landlord to evict a tenant without cause. The landlord must follow the landlord and tenant laws. Additionally, proper notice must always be given before the eviction process begins.
The following are some of the reasons a landlord is allowed to evict a tenant from their rental property:
- The tenant fails to pay their rent when due
- The tenant doesn’t have a written lease or lease has ended
- The tenant breaches the terms of the lease
The type of written notice for eviction required depends on the reason that the tenant is being evicted. Here are the different types of notices for eviction in Arizona:
Eviction for Nonpayment of Rent
In Arizona, a tenant may be evicted for failing to pay their rent on time. For this to happen legally, the landlord must provide a 5 day notice to pay or vacate the rental home.
If the tenant still does not pay their rent within the 5 days notice period or leave the rental home, then the landlord may continue with the eviction process. In Arizona, rent is considered late immediately after the due date.
Eviction for No Lease or End of Lease
Landlords in Arizona may evict tenants without a lease or with a lease that has reached the end of its agreement. To do this, landlords must first end the tenancy by providing the tenant with proper notice.
The amount of notice necessary depends on the type of lease. For month to month leases, the notice must be 30 days. For week to week leases, the notice must be 10 days. Once the tenancy has ended, if the renter remains on the rental premises, then the landlord can continue with the eviction process.
Eviction for Violation of the Lease Agreement
According to the Arizona eviction law, a landlord may evict a tenant if they have breached the terms of the rental agreement. This is why it is important to ensure that both you and your tenant have read the lease and understand its terms. Depending on the violation, the tenant may or may not have time to cure the breach.
Minor offenses are referred to as curable. This means that the tenant may have an opportunity to repair the issue to avoid being evicted.
Examples of typical breaches that are curable include causing minor damage to the property, exceeding the amount of tenants that are allowed to occupy the unit, and owning a pet when there is a policy against them.
More serious or repeated offenses are referred to as incurable offenses with non curable. If a tenant has made an incurable offenses with non curable, then they will not get the chance to repair the issue to avoid being evicted from the rental property. In the case of an incurable offenses with non curable with non curable, the tenant must move out of the rental home within the notice period.
If the tenant fails to do this, then the landlord has the right to continue the eviction process. Examples of incurable offenses include providing false information on the rental application.
If the tenant has engaged in illegal activity on the rental property, the landlord may issue to terminate the lease and it will become effective immediately.
Serving a Tenant With an Eviction Notice
To begin the eviction process, a landlord must serve the tenant with a notice. This notice may be given to the tenant in one of the following ways:
- Hand delivering the written notice to the tenant in person and obtaining acknowledgement of hand delivery by tenant OR leave a copy of the notice in an obvious place on the rental property
- Mailing a copy of the notice by certified mail to the rental property
Attending a Court Hearing in Arizona
If the landlord has served the tenant with proper notice for eviction, and the tenant has not resolved the issue or vacated the property in the given amount of time, then the landlord is within their rights to continue the eviction process and take the tenant to court.
Both landlord, or the landlord’s attorney and the tenant need to be present at the court hearing. Regardless of whether or not the tenant has contested the eviction, if the judge ultimately rules in favor of the landlord, then a writ of restitution will be issued and the eviction process will continue.
Writ of Restitution is Issued
A Writ of Restitution is the tenant’s final notice to vacate the premises before the sheriff with constable comes to the property to forcibly remove the tenant. A Writ of Restitution may be issued 5 days after the judgement or 24-48 hours for an immediate termination.
A Writ of Restitution is executed by a constable and once lawfully executed, the landlord may change the locks and enter the property. If the tenant remains or returns after the writ of restitution is executed without permission the tenant can be charged with criminal trespassing.
The Final Take Away
Now you have all the information you need to navigate the legal process of evicting a tenant in the state of Arizona while respecting the Fair Housing Act.
If you have any further questions regarding the eviction process in Arizona, or any other aspect of your rental property needs, contact our team of knowledgeable and experienced professionals here at get MULTIfamily Property Management. We are happy to help with all your property management needs.
This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.