First and foremost, evicting a tenant is inevitable in any landlord’s career. As a landlord in Tucson, a landlord can initiate an eviction hearing and evict a tenant for a number of reasons under Arizona law.
These include nonpayment of rent, rental or lease agreement violation, or engaging in criminal activities within the property.
During a tenant eviction process, you must follow the due Arizona eviction process as laid out under Arizona law, just like breaking a lease.
Even if a tenant violates the rental or lease agreement, you can't use “self-help” means to evict them. Examples of “self-help” tactics include:
Ordering your tenant to leave
Harassing or threatening your tenant
Removing your tenant’s belongings from their rental
Changing the locks
Cutting off previously available utilities
Slandering false rumors about your tenant
Ignoring your tenant’s frequent maintenance requests
Interfering with the tenant’s use of their unit
All these actions are illegal and will cause a nightmare for a landlord under the Arizona eviction laws.
Now, Arizona laws are landlord-friendly. In other words, Arizona has a legal environment that favors landlords. As such, the eviction process in Arizona, which begins with filing an eviction complaint, can be smoother, allowing landlords to more efficiently navigate the legal steps.
The following is a basic overview of the Eviction Process in Tucson, Arizona.
Step#1: Grounds for the Eviction
The Arizona evictions process is regulated by the Arizona Residential Landlord and Tenant Act. As a landlord, it’s important to follow the entire eviction process contained in this act when evicting a tenant.
The following are common reasons for evicting a tenant:
Failure to pay rent. Non payment of rent is a serious lease or rental agreement violation. A tenant has an obligation to make a monthly rental payment to the landlord. So, if your tenant fails to make the rental payment, you can begin formal proceedings against them.
Failure to maintain the unit. A Landlord can evict your tenant for failing to keep their rented premises to acceptable standards, especially if their negligence is affecting the safety or health of other tenants living in the rental unit. These examples include when a tenant violates or tenant fails acceptable building codes, willfully destroying parts of the property, and not disposing of garbage. You can also keep the security deposit, in this case.
Violating the lease or rental agreement. Common lease agreement violation instances include having unauthorized pets or even lying on the rental application, and hence the landlord files an eviction lawsuit due to rental agreement violation, which leads to a court date.
Step#2: Posting the Eviction Notice
The Arizona landlord must ensure the notice to file an eviction complaint is relevant to the violation committed. For example, in the case of nonpayment of rent, the landlord must serve the tenant with a 5-Day Notice to Pay.
The eviction notice says that if the tenant pays the owed rent, then the landlord’s eviction will be voided. Otherwise, they have to leave the rental unit.
If the tenant does neither after the written eviction notice, the Arizona landlord may proceed with their eviction in court. If the tenant continues to refuse, the landlord will need to attend court for the final decision of the eviction lawsuit.
Besides the 5-Day Notice to Pay the rent the tenant owes, here are other ways to give a tenant proper types in the state of Arizona:
10-Day Notice to Comply. This written notice is specifically meant for violations to the lease or rental agreement. Typical lease or rental agreement violations under this category include having an unauthorized pet, exceeding the rental limit and causing excessive damage.
10-Day Notice to Quit. You must use this when evicting a holdover tenant who is making rental payment on a weekly basis. That is, a tenant who has refused to move out after their lease term has ended. It basically gives the tenant only 10 days tno vacate the premises on the notice period.
30-Day Notice to Quit. This is also meant for holdover tenants. However, in this case, it’s meant for tenants renting on a monthly basis. Again, the only option the tenant has is to leave after the notice period.
5-Day Notice to Comply. A Arizona landlord can also evict a tenant for violating a safety, building, health, or housing code. The 5-Day written notice to Comply gives the tenant five days to “cure” the violation.
And, of course, you can evict a tenant for committing an illegal activity. Examples of illegal activities include assault, prostitution, homicide, causing nuisance or threatening someone.
Step #3: Filing & Serving the Complaint
This is the next step when you file an eviction lawsuit. Filing usually costs about $35 in a justice court and $218 in a superior court.
In the state of Arizona, the summons must be issued on the same day the complaint or eviction lawsuit is filed to evict tenants. The service to the tenant must be done 2 days prior to the hearing via registered or certified mail server.
Step #4: Hearing & Judgment
Once the summons is served, the eviction hearing must occur within a period of 6 days. Court costs are at the expense of involved parties that is both the Arizona landlord and tenant. After the court costs settlement, the tenant can choose to file a written answer. This isn’t, however, required. If they do, the tenant can present any of the following defenses to the judge in court:
You used an illegal eviction procedure. As per ARS § 33-1367, it’s illegal for a landlord to use an unlawful procedure. They can’t, for example, lock the tenant out of the unit or shut off utilities. If you use an eviction process that is against the law, you risk being liable for monetary damages.
You failed to use the proper procedure for the lawsuit. As an Arizona residential landlord, you must follow all rules stipulated under the Arizona RLTA for the eviction action. For example, failing to serve the proper notice on the tenant falls under this category.
You tried to evict the tenant for exercising one of their rights. As a landlord, you’re responsible for providing a habitable unit. If a landlord fails to do this, especially after repeated requests to fix the issue, a tenant can choose to exercise their right to “deduct and repair.” You can't use the fact that they haven't paid rent as a justification to evict them.
The lawsuit is based on discrimination. The Fair Housing Act makes it illegal for landlords to discriminate against their tenants based on protected characteristics. The characteristics include gender, religion, race, disability, familial status, and national origin.
Step #5: Judgment for Possession
There are two ways in which the judge can rule in landlord's favor after the court hearing and the landlord wins: one, if the tenant does not answer the complaint. In such a case, the court and judge will probably issue a default judgment. Or two, if the court finds merit in your submission.
In either case, the court will issue, upon your request, a writ of restitution. This is a legal document that gives the possession of the unit back to the landlord after the landlord wins the eviction judgment. After the eviction judgment, the tenant will then have anywhere between 12 hours and 5 days to leave the property prior to being evicted.
Do you need professional help removing a tenant from your Tucson rental and carrying out an eviction? If so, Foothills Properties can help! Get in touch with us today.
*Disclaimer: The information herein is meant to be informational, not legal advice. It is in no way a substitute for competent legal counsel licensed in your area.
Frequently Asked Questions About Tucson Evictions
How Long Does The Tucson Eviction Process Take?
The timeline for an eviction in Tucson depends on the reason for the action, the notice required, whether the tenant responds, and the court’s schedule. Arizona law requires landlords to provide the appropriate notice before filing an eviction action, and the required notice period varies by the circumstances. After a case is filed, additional steps involving service, a hearing, and a judgment apply.
Because timelines can change based on the facts of a case, landlords should verify current requirements with the appropriate Arizona court or a qualified attorney before taking action.
What Are The Filing Fees For An Eviction In Tucson?
Eviction filing fees are set by the applicable Arizona court and can change over time, so landlords should confirm the current amount directly with the court before filing. Additional expenses may apply for service of process and other court-related requirements. The total cost of an eviction therefore depends on more than the initial filing fee.
Owners should keep complete records of court costs and other expenses associated with the case. Reviewing current fee schedules with the appropriate Tucson-area court can help landlords budget accurately before beginning the process.
Can A Landlord Start An Immediate Eviction In Arizona?
Arizona landlords generally cannot use an “immediate eviction” or self-help approach simply because a tenant has violated a lease. The landlord must follow the applicable statutory process, which may include serving the required notice and, when appropriate, filing an eviction action with the court.
Locking a tenant out, shutting off utilities, or removing belongings without lawful authority can create additional legal exposure. The specific procedure depends on the reason for the eviction, so owners should verify the applicable requirements before taking action.
What Should A Landlord Include In A Tenant Notice?
A tenant notice should satisfy the requirements that apply to the particular lease violation or other legal basis for the action. Arizona law establishes different notice periods and requirements depending on the circumstances, so landlords should not assume that one notice works for every situation. The notice should accurately identify the issue and provide any information required by applicable law.
Because an improper notice can affect a later eviction case, owners should verify the current statutory requirements or obtain advice from a qualified Arizona attorney before serving one.
What Happens If The Tenant Challenges The Eviction?
If a tenant challenges an eviction, the case proceeds according to the applicable court process, and the landlord may need to present documentation supporting the claim. Relevant records can include the lease, payment history, notices, correspondence, photographs, and other property records related to the dispute.
A landlord should avoid relying on informal assumptions or incomplete documentation when preparing for a hearing. Because defenses and procedural requirements can vary, owners facing a contested case may benefit from consulting a qualified attorney familiar with Arizona landlord-tenant law.
What Happens After A Landlord Wins An Eviction Case?
A judgment in the landlord’s favor does not mean the landlord should personally remove the tenant or their belongings. Arizona law provides a court-authorized process for restoring possession of the rental property. A writ of restitution may be issued after a qualifying judgment, and enforcement is handled according to the applicable court procedures.
Landlords should follow the instructions and timelines provided by the court rather than attempting to take possession through self-help measures. The exact process can depend on the circumstances and should be verified with the court.
