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Eviction defense in Arizona
Arizona evictions move in days. A landlord starts with a written notice under A.R.S. § 33-1368: five days for nonpayment, ten for a lease violation, five for a health or safety violation, or immediate for a material and irreparable breach. Once the period passes, the landlord files a special detainer action in justice court, and trial is set three to six days after the summons is served. The court date on the summons is the deadline: a tenant who does not appear loses by default, and a writ of restitution follows within days. Defenses exist: a defective notice, the landlord's own noncompliance, retaliation, payment before judgment. Blueshoe's first step is to tell you whether you have a defense and what to file; a licensed Arizona attorney can step in before the hearing.
What Blueshoe does
The groundwork, in order, before you decide anything.
- 01
Read the notice and the summons first
Whether the notice gave the days the statute requires, said what it had to say, and was delivered the right way, and what date the summons sets. A defective notice can end the case; a missed court date ends your defenses. Blueshoe tells you where you stand the same day.
- 02
Identify the defenses
Nonpayment that is not nonpayment, a landlord's own noncompliance under § 33-1365, retaliation under § 33-1381, rent accepted after the notice, or a lockout. The act's defenses are specific, and the ones that fit your facts are named plainly.
- 03
Prepare what to file
An answer, the documents and photos to bring, and a request for a continuance or a jury trial if either fits, drafted to the Rules of Procedure for Eviction Actions and ready before the court date.
- 04
An attorney can step in
A licensed Arizona attorney can review the file, appear with you at the hearing, negotiate a payment or move-out agreement, or file an appeal within the statute's window, on terms stated in writing first.
What the law says
What the law says about eviction in Arizona
How much notice does my landlord have to give before filing?
It depends on the reason, under A.R.S. § 33-1368. Nonpayment of rent: a five-day written notice. A lease violation: ten days to cure. A violation affecting health and safety: five days to cure. A material and irreparable breach, such as violence or serious criminal activity, allows an immediate notice. The landlord cannot file until the stated period runs.
How fast does an Arizona eviction case move?
Days. Once the notice period expires and the landlord files a special detainer action in justice court, the trial is held not less than three nor more than six days after the summons is served. If the landlord wins, the writ of restitution that lets a constable remove you generally issues five days after judgment, sooner for an irreparable breach.
What defenses does Arizona law recognize?
A notice that was short, missing required language, or delivered improperly; payment of the rent demanded; the landlord's acceptance of rent after the notice, which can waive it; the landlord's own material noncompliance with the lease or § 33-1324, raised under § 33-1365; retaliation under § 33-1381; and a lockout under § 33-1367. Which apply depends on the paper.
Can I stop the eviction by paying?
For nonpayment cases, yes, up to a point. Under A.R.S. § 33-1368, if the tenant pays all past-due rent, reasonable late fees, and the landlord's attorney fees and court costs before judgment is entered, the rental agreement is reinstated and the case ends. After judgment, reinstatement requires the landlord's agreement. Bring proof of any payment to the hearing.
If you can pay, pay in a form that proves it: a cashier's check, a money order, or a receipt, never cash without one.
What happens if I miss the court date?
The court enters judgment against you by default, usually for possession, the rent claimed, late fees, attorney fees, and costs, and the writ of restitution follows. The judgment becomes a public record that tenant screening services report. An appeal must be filed within five days, with a bond, so the court date on the summons is the deadline that matters.
What it costs
Free to ask. A flat fee, quoted before any work.
Asking costs nothing, and a licensed Arizona attorney can review your situation before you decide anything. If you engage Blueshoe, the fee is a flat amount set out in a written engagement agreement before any work is billed. Some matters resolve with one letter; others need a filed claim; you know the price for each before you commit.
- Free to ask
- Written assessment before any fee
- Engagement terms in writing
- No billable hours
Questions people ask
It may not. Under A.R.S. § 33-1313, the act contemplates notice delivered by hand or by registered or certified mail, and a mailed notice is deemed received five days after mailing, which lengthens the count. Whether yours was delivered correctly and whether the landlord waited the full period before filing are the first two things Blueshoe checks.
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Legally reviewed by Catherine O’Grady, State Bar of Arizona No. 011647
Managing partner & chief compliance officer · 30+ years in practice · Reviewed 2026-10-08 · Full bio →