In Arizona, a nonpayment notice gives the tenant five days to pay and has to say you'll terminate the rental agreement if they don't. Before you file, the tenant can reinstate the lease by paying past due rent and a reasonable late fee from a written lease.
Step by step in Arizona
Write a notice of nonpayment stating you'll terminate if rent isn't paid within five days.
Deliver it and keep proof.
If the tenant pays all past due rent and the lease's reasonable late fee before you file, the lease is reinstated.
After five days without payment, file a special detainer action.
Once filed, reinstatement also requires attorney fees and court costs.
Common Arizona mistakes to avoid
Leaving out your intent to terminate.
Refusing a full payment of rent and late fee tendered before filing.
Charging a late fee that isn't in a written lease.
This is general information, not legal advice. The verified rule and official sources above control. Check the source or a local attorney for your situation.
Related Arizona rules
Eviction court process & timeline
The summons is issued the day the complaint is filed, and the tenant must appear and answer 3 to 6 days after the summons date.
$35 base fee. Justice courts charge an initial filing fee of $35 for forcible entry and detainer (eviction) filings, compared with $73 for other civil cases. Separate fees apply to later filings and writs (for example, $28 to issue a writ). This is the justice court fee; superior court fees and surcharges differ.
If a landlord unlawfully removes or excludes the tenant, or willfully interrupts electric, gas, water or other essential service, the tenant may recover possession or end the lease. In either case the tenant recovers up to two months' rent or twice actual damages, whichever is greater.
A landlord may not raise rent, cut services, or bring or threaten an eviction after the tenant complains to a code agency or to the landlord about habitability, or joins a tenants' union. A complaint within 6 months before the landlord's action creates a presumption of retaliation, unless it came after a termination notice.
If a tenant stays without consent after the lease ends, the landlord may sue for possession. For a willful, bad-faith holdover, the landlord may also recover the greater of up to two months' rent or twice actual damages.
When a tenant raises the landlord's noncompliance as a defense or counterclaim in a possession case, the court may, after notice and a hearing, order the tenant to pay undisputed accrued rent and all new rent into court. Arizona has no general rent-escrow program.
A short email when a rule on this site changes. Free, unsubscribe anytime.
We use cookies for analytics (Google Analytics) and ads (Google AdSense). Analytics and ad cookies are only used after you accept, though Google may set a basic test cookie to check your browser settings. Privacy Policy