Eviction in Arizona is governed by the Arizona Residential Landlord and Tenant Act, and a landlord may evict a tenant under a process known as a ‘special detainer’. In order for a landlord to evict a tenant, the tenant must have violated their obligations under their lease, such as using the property for an unallowed purpose, or not paying the rent. The landlord may then retake possession of the property after the tenant has violated the terms of the lease.
The eviction process is legal in nature, and legal notice must be provided to the tenant in writing notifying them that the landlord wishes to evict them, and either giving the tenant a five or ten day advance notice depending on the reason for eviction. The landlord must also give the tenant the chance to correct the reason why they wish to evict them during that notice period, for instance by paying back rent. After that notice has been provided the landlord may take the eviction to court for it to be executed, and the tenant can argue their case before a judge then.
A landlord cannot physically evict a tenant themselves by removing items from the property.
Options:
- Pay the rent in arrears. The Emergency Rental Assistance Program (ERAP) described here can help pay for back rent and prevent eviction:
- Emergency rental and utility assistance is available to renters across Arizona currently experiencing financial challenges due to the COVID-19 pandemic. Households may receive up to $3,500 per month for up to 18 months, and assistance may be used to pay rent, either in advance or past due, and to assist with utility bills. Regardless of where you live in Arizona there is a program that you can apply for assistance with. To find out more about coverage areas, eligibility, and to apply you may visit https://des.az.gov/ERAP.
- If the issue is not rent-related, you may try to work with the landlord to address the problem that the landlord is trying to evict you for. If that is not possible, you should prepare to seek legal counsel, and can reach out to AZLawHelp or Community Legal Services for legal assistance.
If you believe you are being discriminated against:
The HUD San Francisco office of Fair Housing and Equal Opportunity (FHEO) is responsible for enforcing the Fair Housing Act in Arizona, and you may lodge a complaint with FHEO by calling 415-489-6524 and speaking with an intake specialist. Please be aware that investigating violations of the Fair Housing Act takes time, and that if you have been served with an eviction notice this will not process fast enough to stop the eviction.