You have received a Notice of Nonpayment for an apartment, townhouse, room, condo or house
Arizona has different laws and rules for evictions depending on the type of rental property. This section covers the laws and rules for residential landlord/tenant properties such as apartments, condominiums, townhomes, duplexes, and single-family homes. Arizona has different laws that apply to mobile home parks and recreational vehicles (RVs).
In Arizona, once a tenant stops paying their rent the eviction process can be started by the property owner or property manager. Before the landlord can file an eviction Complaint against the tenant, there are rules and laws that apply to each step of the eviction process.
If you are behind on your rent, financial assistance may be available. Visit the Get Help section of the website to find rental and utility assistance programs in your community.
No matter where in the eviction process you might be, a lawyer may be able to help. Arizona has a variety of free and reduced cost legal help programs to help with eviction and housing issues. Visit the Legal Help section of the website to connect with legal programs in your community.
Notice of Nonpayment
Before a landlord can go to court to file an eviction Complaint against the tenant, the landlord must give the tenant a written Notice.
A Notice of Nonpayment of Rent is often called a "5-Day" or “Pay or Quit” Notice, because the tenant is given a choice: either pay or move out. The landlord or property manager is able to give notice to the tenant as soon as the rent is late or past due.
When the landlord gives a Notice of Nonpayment of Rent to the tenant, the notice must include:
How much money the tenant owes.
The amount of money the tenant owes can include rent, late payment fees, and any other charges described in the lease or rental agreement.
Under Arizona law, the landlord cannot charge late fees unless they are reasonable, and the lease or rental agreement gives the tenant a specific dollar amount. The charges have to be specified in the lease or rental agreement.
A.R.S. § 33-1368(B)
If you are not sure what late payment fees or other charges are allowed, check your lease or rental agreement paperwork. A judge would have to be the one to determine whether a late fee is considered a reasonable amount.
The amount of money the tenant owes can include rent, late payment fees, and any other charges described in the lease or rental agreement.
Under Arizona law, the landlord cannot charge late fees unless they are reasonable, and the lease or rental agreement gives the tenant a specific dollar amount. The charges have to be specified in the lease or rental agreement.
A.R.S. § 33-1368(B)
If you are not sure what late payment fees or other charges are allowed, check your lease or rental agreement paperwork. A judge would have to be the one to determine whether a late fee is considered a reasonable amount.
A statement telling the tenant they have 5 calendar days to pay the entire amount owed or the landlord may go to court to file an eviction Complaint.
A.R.S. § 33-1368(B)
A.R.S. § 33-1368(B)
The 5-day period begins on the day after the date the Notice of nonpayment is issued.
R.P.E.A. Rule 3(c)
R.P.E.A. Rule 3(c)
All calendar days – including Saturdays, Sundays, and holidays – count toward the 5-day period.
A.R.S. § 33-1368(G) | R.P.E.A. Rule 3(a)
A.R.S. § 33-1368(G) | R.P.E.A. Rule 3(a)
The landlord must deliver the Notice to the tenant in one of two ways:
In person (either to the tenant or to another person of suitable age and discretion who lives with the tenant).
A.R.S. § 33-1313(B) | R.P.E.A. Rule 18(f)
A.R.S. § 33-1313(B) | R.P.E.A. Rule 18(f)
A Notice is not an official document from the court and does not need to be signed by a Judge or notarized.
If a landlord has provided you with a 5-day Notice to pay rent, you have options:
1. Pay the entire amount listed in the Notice before the 5-day period ends.
Before the 5-day Notice period ends, the tenant can pay the full amount of rent owed and late fee amount that is specified in the lease.
If the 5-day period ends without a full payment being made, the landlord may file an eviction Complaint against the tenant. The monetary judgment, if awarded to the landlord, will require the tenant to pay the entire amount plus any late fees, court costs, and attorneys’ fees that may be added onto the total owed.
A.R.S. § 33-1368(B)
If the 5-day period ends without a full payment being made, the landlord may file an eviction Complaint against the tenant. The monetary judgment, if awarded to the landlord, will require the tenant to pay the entire amount plus any late fees, court costs, and attorneys’ fees that may be added onto the total owed.
A.R.S. § 33-1368(B)
2. Make a partial payment.
If your landlord accepts a partial payment from you, the landlord cannot lawfully file an eviction Complaint against the tenant for nonpayment of rent for that rental period unless:
When making the partial payment, the tenant agrees in writing that the landlord can file an eviction Complaint against the tenant for nonpayment of rent for that rental period if the tenant fails to pay the entire amount by a specified date.
A.R.S. § 33-1371(A)
A.R.S. § 33-1371(A)
If the landlord knows the tenant has violated the lease or rental agreement in any other way and accepts the partial payment, the landlord cannot lawfully file an eviction Complaint against the tenant on that basis either.
A.R.S. § 33-1371(C)
A.R.S. § 33-1371(C)
A Housing Assistance Payment made to the landlord is NOT considered a partial payment.
A.R.S. § 33-1310(6) | A.R.S. § 33-1371(B)
A.R.S. § 33-1310(6) | A.R.S. § 33-1371(B)
3. Make a new payment arrangement with the landlord.
After making the new payment arrangement, your landlord would need to promise in writing that they will not file an eviction Complaint against you for that rental period.
Any agreement between you and your landlord should be made in writing, signed and dated by you and the landlord. Make sure to keep a copy of the agreement for your records.
R.P.E.A. Rule 19 (c)
R.P.E.A. Rule 19 (c)
4. Return possession of the dwelling to the landlord.
If you move out of the property and return the keys to your landlord before the 5-day period ends, your landlord cannot lawfully file an eviction Complaint against the tenant. You will still be responsible for any amounts owed to your landlord, but no eviction will appear on your record.
A.R.S. § 33-1310(3)
A.R.S. § 33-1310(3)
Eviction Complaint & Summons
The Summons will provide the tenant with the date, time, and location of the hearing. The date of the court hearing will be 3-6 days after the date the Summons is issued by the court.
R.P.E.A. Rule 5(a) | A.R.S. § 33-1377(B) | A.R.S. § 33-1485(B)
R.P.E.A. Rule 5(a) | A.R.S. § 33-1377(B) | A.R.S. § 33-1485(B)
If you have received an eviction Summons, free or reduced cost legal assistance may be available to help. The eviction process in Arizona can move very quickly. It is important to apply for or contact legal help as early in the process as possible. Visit the Legal Help section of the website to connect with legal programs in your community.
If the tenant owes less than $10,000, the local Justice Court has jurisdiction. If the tenant owes more than $10,000 the county Superior Court has jurisdiction.
A Complaint tells the court what the landlord or property manager believes the tenant did to violate the lease or rental agreement.
A Complaint filed in court by the landlord must include:
The specific reason(s) why the landlord wants to have the tenant evicted.
The date the tenant was served or given the required Notice.
How the tenant was served or given the required Notice.
If the tenant’s rent is subsidized, a statement indicating that the tenant’s rent is subsidized.
R.P.E.A. Rule 5(b)(7) | R.P.E.A. Rule 5(b)(8)
The date the tenant was served or given the required Notice.
How the tenant was served or given the required Notice.
If the tenant’s rent is subsidized, a statement indicating that the tenant’s rent is subsidized.
R.P.E.A. Rule 5(b)(7) | R.P.E.A. Rule 5(b)(8)
If the landlord is asking for money the Complaint must also include:
How often the tenant was supposed to pay rent.
The date(s) when the tenant’s rent was due.
How much rent was due on each date.
How late fees are calculated according to the lease or rental agreement.
The total amount owed by the tenant on the date the landlord filed the eviction Complaint.
If the rent is subsidized - a breakdown of the total amount of the rent each month, the tenant’s portion of the rent, and how much the tenant owes.
R.P.E.A. Rule 5(c)(1-5, 8)
The date(s) when the tenant’s rent was due.
How much rent was due on each date.
How late fees are calculated according to the lease or rental agreement.
The total amount owed by the tenant on the date the landlord filed the eviction Complaint.
If the rent is subsidized - a breakdown of the total amount of the rent each month, the tenant’s portion of the rent, and how much the tenant owes.
R.P.E.A. Rule 5(c)(1-5, 8)
Once the landlord or their attorney files the eviction Complaint with the court, the court will issue a Summons to the tenant.
A Summons is an official notice of a lawsuit. A Summons provides information about the landlord’s Complaint and details about the hearing so the tenant can go to court and respond to the Complaint.
The landlord is responsible for getting a copy of the Summons to the tenant.
The landlord must have a sheriff, constable, or certified private process server deliver the Summons to the tenant at least 2 days before the court hearing.
If the Summons is not delivered to the tenant at least 2 days before the date of the court hearing, the court may (but is not required to) dismiss the landlord’s Complaint.
The sheriff, constable, or certified process server must deliver the Summons to the tenant in one of two ways:
In person (either to the tenant or to another person of suitable age and discretion who lives with the tenant).
By posting one copy on the tenant’s door (or another place where the tenant is very likely to find it) then sending another copy to the tenant by certified mail, return receipt requested.
If within one day after the court has issued the Summons, a certified private process server attempts to deliver the Summons to the tenant in person, but no one is home, and the process server posts a copy of the Summons on the tenant’s door then sends another copy to the tenant by certified mail, return receipt requested, the court will assume that the tenant received the Summons three days after it was mailed.
A.R.S. § 33-1377(B) | A.R.S. § 33-1485(B)
A.R.S. § 33-1377(B) | A.R.S. § 33-1485(B)
When the landlord has the tenant served with the Summons, the landlord must also include each of the following documents to the tenant:
An official (court-stamped) copy of the landlord’s Complaint
A copy of the Notice that the landlord gave to or posted for the tenant.
A copy of the Residential Eviction Information Sheet (or another document containing the same information).
A copy of any items on the lease or rental agreement and/or any lease addendums (add-ons or changes) that are directly related to the landlord’s claims against the tenant.
If the landlord wants to legally have the tenant evicted for Nonpayment of Rent, a copy of a financial record showing the tenant’s charges and payments for the prior 6 months.
A copy of the Notice that the landlord gave to or posted for the tenant.
A copy of the Residential Eviction Information Sheet (or another document containing the same information).
A copy of any items on the lease or rental agreement and/or any lease addendums (add-ons or changes) that are directly related to the landlord’s claims against the tenant.
If the landlord wants to legally have the tenant evicted for Nonpayment of Rent, a copy of a financial record showing the tenant’s charges and payments for the prior 6 months.
Responding to the Landlord’s Complaint
In Arizona, once a tenant stops paying their rent the eviction process can be started by the property owner or property manager. Before the landlord can file an eviction Complaint against the tenant, there are rules and laws that apply to each step of the eviction process.
Answer
An Answer is a written statement from the tenant given to the court. The Answer should be based on facts and evidence about the allegations made in the landlord’s Complaint. Tenants have the right to file a written Answer or Answer on the record in open court.
There is a fee for filing a written Answer, but the tenant may file a Fee Waiver/Deferral at the same time and ask not to pay the fee due to financial hardship. There is no fee required when the Answer is brought in open court.
There is a fee for filing a written Answer, but the tenant may file a Fee Waiver/Deferral at the same time and ask not to pay the fee due to financial hardship. There is no fee required when the Answer is brought in open court.
Defenses used to file an Answer to the landlord’s complaint of nonpayment may be:
If you paid your rent in full and on time, you have a defense to the eviction Complaint. A.R.S. § 33-1368(B)
If you have witnesses or evidence of the payment, bring it to court.
If there is no evidence beyond your own testimony, you can ask the judge to require the landlord to provide you with a list of all charges and payments for the past 6 months.
R.P.E.A. Rule 10
If you have witnesses or evidence of the payment, bring it to court.
If there is no evidence beyond your own testimony, you can ask the judge to require the landlord to provide you with a list of all charges and payments for the past 6 months.
R.P.E.A. Rule 10
The tenant can Answer the landlord’s Complaint in two ways:
By filing an Answer with the court clerk, delivering a court-stamped copy of the Answer to the landlord before the court hearing, then appearing at the court hearing to argue against the landlord’s claims.
R.P.E.A. Rule 7
R.P.E.A. Rule 7
By taking part in the court hearing either in-person, over the phone, or online, to argue against the landlord’s claims.
R.P.E.A. Rule 11(b)
R.P.E.A. Rule 11(b)
If the tenant has a legal defense to eviction the tenant uses an Answer form to let the court know. An Answer will only be considered if the tenant appears at the court hearing, even if they file it with the court before the hearing occurs.
The landlord’s Notice of Nonpayment of Rent, the eviction Complaint filed by the landlord, and the Summons received by the tenant must meet the requirements of Arizona’s laws and rules.
If the Notice, Complaint, and Summons (or the delivery of the Notice, Complaint, and Summons) from the landlord did not follow the law or rules, the tenant may let the judge know they did not receive enough time or sufficient notice.
Violations of Arizona’s laws or rules include:
Violations of Arizona’s laws or rules include:
Your landlord did not properly serve or deliver the Notice to you.
A.R.S. § 33-1313(B) | R.P.E.A. Rule 18(f)
The Notice did not tell you how much money was owed or how many days you had to make the payment.
A.R.S. § 33-1368(A),(B)
A.R.S. § 33-1313(B) | R.P.E.A. Rule 18(f)
The Notice did not tell you how much money was owed or how many days you had to make the payment.
A.R.S. § 33-1368(A),(B)
Counterclaim
A landlord is required to keep a rental unit in a “fit and habitable” condition and not violate the lease agreement. If a landlord has not kept the unit “fit and habitable“ or if the landlord has violated the lease or rental agreement, a tenant can file a Counterclaim. Counterclaims are fact-based complaints that the tenant can prove with evidence (examples: printed photographs, witnesses).
In a nonpayment case, tenants have the right to Counterclaim for any amount you can recover if your landlord has violated your rental agreement or Arizona law.
A.R.S. § 33-1365
This might include problems with electricity, heating and cooling, insect or pest infestations, leaky pipes, or other unsafe conditions.
A.R.S. § 33-1365
This might include problems with electricity, heating and cooling, insect or pest infestations, leaky pipes, or other unsafe conditions.
Tenants are required to prove that they told the landlord about these problems and that the landlord failed to correct them within a reasonable time.
If the tenant wants to make a Counterclaim:
The tenant files a written Counterclaim with the Clerk of the Court
The tenant delivers a court-stamped copy of the Counterclaim to the landlord before the court hearing
The tenant appears at the court hearing to tell the Judge why the court should grant the Counterclaim.
The tenant delivers a court-stamped copy of the Counterclaim to the landlord before the court hearing
The tenant appears at the court hearing to tell the Judge why the court should grant the Counterclaim.
Before the Hearing
Before the court eviction hearing, a tenant and landlord may come to an agreement or negotiate a way to avoid an eviction.
If your landlord does not have a legal basis for having you evicted, you may want to contact the landlord or the landlord’s attorney and provide the landlord or attorney with a copy (not the original) of whatever evidence you have. If the landlord and tenant agree to a settlement, the landlord or landlord’s attorney must ask the court to dismiss the eviction action since the landlord brought the Complaint.
Any agreement between you and your landlord should be made in writing, signed and dated by you and the landlord. Make sure to keep a copy of the agreement for your records.
If your landlord agrees to stop the eviction, the written agreement between you and your landlord should include a promise by the landlord to ask the court to dismiss the Complaint.
R.P.E.A. Rule 9(f)
If your landlord agrees to stop the eviction, the written agreement between you and your landlord should include a promise by the landlord to ask the court to dismiss the Complaint.
R.P.E.A. Rule 9(f)
A stipulated judgment is a judgment evicting the tenant without a hearing.
Sometimes, before the eviction hearing takes place, the landlord’s attorney will approach or contact the tenant and ask the tenant to sign a written judgment. By signing the written judgment, the tenant agrees to whatever the judgment says.
It is called a “stipulated” judgment because both the landlord and the tenant agree (or “stipulate”) to whatever the judgment says without waiting to argue their cases in front of the judge.
It is called a “stipulated” judgment because both the landlord and the tenant agree (or “stipulate”) to whatever the judgment says without waiting to argue their cases in front of the judge.
Once the tenant has signed the stipulated judgment, the tenant cannot change their mind. The tenant loses their right to present a legal defense to eviction or to make a Counterclaim against the landlord. The tenant also loses their right to appeal the judgment against them.
After the tenant has signed the stipulated judgment, the landlord’s attorney will present it to the judge, the judge will sign it, and the tenant will be evicted.
Every stipulated judgment must include the following written warning to the tenant
WARNING!
1. The landlord’s attorney is not a court employee.
2. By signing, you are consenting to the terms of a judgment against you and the landlord’s attorney will now be able to evict you.
3. You may have your wages garnished and the judgment may appear on your credit report.
4. You may lose your right to subsidized housing.
5. You may NOT stay at the property, even if the amount of the judgment is paid in full, unless you get the agreement in writing or get a new written lease or rental agreement.
R.P.E.A. Rule 13(b)(4)
1. The landlord’s attorney is not a court employee.
2. By signing, you are consenting to the terms of a judgment against you and the landlord’s attorney will now be able to evict you.
3. You may have your wages garnished and the judgment may appear on your credit report.
4. You may lose your right to subsidized housing.
5. You may NOT stay at the property, even if the amount of the judgment is paid in full, unless you get the agreement in writing or get a new written lease or rental agreement.
R.P.E.A. Rule 13(b)(4)
Preparing for an Eviction Hearing
Eviction hearings in Arizona are often limited in the time available before a judge for each case. If you have an eviction hearing scheduled, a lawyer may be better able to address the legal issues during a hearing. Free or reduced cost legal assistance may be available to help. Visit the Legal Help section of the website to connect with legal programs in your community.
To prepare for your eviction hearing:
Learn about your rights and options.
Reviewing the information on this website may be helpful in knowing how to respond to an eviction Complaint.
Decide if you want to settle, go to court, or file an Answer.
Settle
You can try to negotiate a settlement with your landlord before the hearing in exchange for getting the case dismissed. If you make a deal, get everything in writing. You should still attend your hearing, to make sure the case is dismissed. Be careful if signing a “stipulated judgment”. A stipulated judgment means you are agreeing that you owe a certain amount of money and you agree to leave the property.
Going to Court
If you leave your home without going to court, the case does not go away. If you do not attend the hearing, you will likely automatically lose and receive a default judgment.
Raise Defenses and File an Answer
If you have a defense, you have three ways to tell the court:
File formal documents with the court before your hearing
Bring formal documents with you to your hearing.
Tell the judge your story without any documents.
You can try to negotiate a settlement with your landlord before the hearing in exchange for getting the case dismissed. If you make a deal, get everything in writing. You should still attend your hearing, to make sure the case is dismissed. Be careful if signing a “stipulated judgment”. A stipulated judgment means you are agreeing that you owe a certain amount of money and you agree to leave the property.
Going to Court
If you leave your home without going to court, the case does not go away. If you do not attend the hearing, you will likely automatically lose and receive a default judgment.
Raise Defenses and File an Answer
If you have a defense, you have three ways to tell the court:
File formal documents with the court before your hearing
Bring formal documents with you to your hearing.
Tell the judge your story without any documents.
If you will go to court, prepare documents and evidence and make a plan to attend.
Before going to court or attending virtually, write down your case number. This is how some courts announce when it is time for your hearing - by the case number and last names. Eviction hearings may only last a few minutes, so be on time and ready when your case is called.
If you plan to share documents or evidence, make sure to provide copies to the landlord or their attorney and the judge.
Put the court date in your calendar and set a reminder or alarm to arrive on time. Understand how the hearing will be held and what options are available to attend.
If attending by telephone or video conference, try to find a quiet place to connect to the hearing, understand how the phone or video conference system works to mute and unmute yourself, and make sure your device or computer has enough battery or charge. If attending in person, try to arrive at the court 30 minutes before the hearing is supposed to start and listen for your name and case number.
If you plan to share documents or evidence, make sure to provide copies to the landlord or their attorney and the judge.
Put the court date in your calendar and set a reminder or alarm to arrive on time. Understand how the hearing will be held and what options are available to attend.
If attending by telephone or video conference, try to find a quiet place to connect to the hearing, understand how the phone or video conference system works to mute and unmute yourself, and make sure your device or computer has enough battery or charge. If attending in person, try to arrive at the court 30 minutes before the hearing is supposed to start and listen for your name and case number.