How to evict a tenant in Arizona for unpaid rent, and how fast it moves

What does the 5-day notice for unpaid rent require?

Under A.R.S. 33-1368(B), if rent is unpaid when due and the tenant does not pay within five days after the landlord's written notice of nonpayment and intention to terminate the rental agreement, the landlord may file a special detainer action. A tenant may not withhold rent for any reason the chapter does not authorize. This post is about the rent route; for breaches other than rent, with their 5-day and 10-day cure periods, read the Arizona lease violation notice guide.

When does paying save the lease?

The statute is specific about the price of staying. Before the special detainer action is filed, the rental agreement is reinstated if the tenant tenders all past-due unpaid periodic rent and a reasonable late fee set forth in a written rental agreement. After filing, reinstatement requires the tenant to pay all past-due rent, reasonable late fees from the written agreement, attorney fees and court costs. After a judgment for the landlord, any reinstatement is solely at the landlord's discretion. That ladder is why a landlord who files promptly often recovers the filing costs from a paying tenant.

How fast is the court case?

Special detainer actions are governed by 33-1377. The summons is issued the day the complaint is filed and tells the tenant to appear not more than six nor less than three days from the date of the summons. It must be served at least two days before the return day. If personal service is attempted, the tenant is considered served three days after the summons is mailed when a copy is also posted on the main entrance within one day of issuance and the same day sent by certified mail, return receipt requested. For good cause supported by an affidavit the trial can be postponed up to three days in justice court or five in superior court.

If the court finds for the landlord it gives judgment for possession, late charges stated in the rental agreement, costs and, at the landlord's option, rent due and unpaid (12-1178). The court may also assess damages and attorney fees (33-1377(D)).

When does the tenant have to be out?

Section 12-1178(C) says no writ of restitution issues until five calendar days after judgment. The writ is executed by the sheriff or constable, and the landlord may discontinue utilities he or she provides on the day after the writ is executed (33-1368(D)). A party can appeal from justice court within five calendar days of judgment, with a bond for costs, and stays the judgment for possession only by filing a supersedeas bond (12-1179).

Example a made-up landlord delivers a written notice of nonpayment on Monday, November 2, 2026. The tenant has until Saturday, November 7. On Monday, November 9 the landlord files the special detainer complaint and the summons is issued that day, setting trial for Thursday, November 12, which is within the 3 to 6 day window. The constable serves the tenant on Tuesday, November 10, more than two days before the return day. The judge awards possession on November 12. Five calendar days must pass, so the writ cannot issue before Tuesday, November 17, and the officer then carries it out. That is 15 days from notice to the earliest writ.

What is a material and irreparable breach?

Not every case waits. Under 33-1368(A) a landlord can serve a written notice for immediate termination where there is a material and irreparable breach, such as a controlled substance offense, threatening or intimidating, assault, or acts that are a nuisance or that involve imminent or actual serious property damage. The case proceeds under 33-1377(E): trial and return date no later than the third day after filing, and if the landlord proves the breach the court orders restitution not less than 12 nor more than 24 hours later. This is for serious situations only, and an attorney should look at it first.

What is a landlord never allowed to do in Arizona?

Section 33-1367 says that if a landlord unlawfully removes or excludes a tenant or willfully cuts essential services such as electric, gas or water, the tenant may recover possession or terminate the rental agreement and recover up to two months' periodic rent or twice the actual damages, whichever is greater. Section 33-1381 bars raising rent, cutting services or bringing an action for possession because the tenant complained to a code agency, to the landlord about habitability, or organized a tenants' union; a complaint within six months before the alleged retaliation creates a presumption. A landlord may still bring an action for possession when the tenant is in default in rent.

How DoorKeeping handles it

DoorKeeping keeps rent and late fees in each property's books within your state's limits, so the amount of rent and the fee in your lease are easy to prove. The tenant ledger, leases and documents live in one place and you can email tenants. It does not file special detainer cases or serve notices. DoorKeeping gives general information, not legal advice. If a case is contested, or the tenant files an answer, talk to a local attorney.

Sources

1. A.R.S. 33-1368 (noncompliance by tenant; failure to pay rent), read Oct 30, 2026
2. A.R.S. 33-1377 (special detainer actions), read Oct 30, 2026
3. A.R.S. 12-1178 (judgment; writ of restitution), read Oct 30, 2026
4. A.R.S. 12-1179 (appeal to superior court), read Oct 30, 2026
5. A.R.S. 33-1367 (unlawful ouster) and 33-1381 (retaliation), read Oct 30, 2026

Questions

How long is the Arizona notice for unpaid rent?

Five days after the landlord's written notice of nonpayment and intention to terminate (A.R.S. 33-1368(B)).

Can an Arizona tenant keep the lease by paying late?

Before filing, by paying all past-due rent and a reasonable late fee from the written lease. After filing, also attorney fees and court costs. After judgment it is up to the landlord.

How soon can the writ issue after judgment?

Not until five calendar days after the judgment (A.R.S. 12-1178(C)).