Phoenix Eviction Steps 2026–27: The 5-Day Notice, a Hearing in 3 to 6 Days, the Writ and How to Stop It in Maricopa County
Arizona evictions move fast. In Phoenix and the rest of Maricopa County, an eviction for unpaid rent can go from a notice on your door to a court hearing in under two weeks (a 5-day notice, then a hearing 3 to 6 days after filing), and the court can't give you extra time just because money is tight. The good news is that Arizona law also gives tenants a clear way out: pay what's owed before the judge rules, and the case ends.
This guide walks through each step in a Maricopa County Justice Court eviction, what you can still do at each point, and where to get free legal help. It isn't legal advice. If you've received a notice or summons, call a lawyer right away.
Last checked October 2026. Sources: Arizona Revised Statutes 33-1368, 33-1377 and 12-1178 (azleg.gov); the Maricopa County Justice Courts' Evictions page, Residential Eviction Information Sheet (revised 1/1/25), Information for Tenants in an Eviction Action and Eviction Action Answer packet; and the Arizona Supreme Court's Landlord/Tenant Disputes and Eviction Actions page.
The Short Version
Step 1, the notice: for unpaid rent, your landlord must give you 5 calendar days' written notice to pay before filing.
Step 2, the lawsuit: the court sets a hearing at least 3 but no more than 6 days after the landlord files.
Step 3, the hearing: you can attend by phone or video. If you don't show up, you'll probably lose by default.
You can stop it by paying: until the judge rules, paying all rent due, late fees, attorney's fees and court costs ends the case.
Step 4, the writ: after a judgment, a writ of restitution can issue 5 calendar days later, and a constable carries it out.
Appeal: within 5 calendar days, but only a supersedeas bond stops the eviction while you appeal.
Free legal help: Community Legal Services, (602) 258-3434.
Step 1: The Notice
Before most eviction cases can be filed, the Justice Courts say the landlord must give you written notice of the problem and how long you have to fix it. The time depends on the reason:
Unpaid rent: 5 days. Under ARS 33-1368(B), if you don't pay within 5 days after written notice, the landlord can file what Arizona calls a special detainer action.
Health and safety problems, such as broken glass or piled-up trash: 5 days to fix it.
Other material lease violations, such as unauthorized pets or guests: 10 days.
"Material and irreparable" breaches, such as certain crimes, threats or serious property damage: immediate notice, which can be served the same day the case is filed.
The statute says these are calendar days, so weekends count.
Paying during the notice period
ARS 33-1368(B) says that before the landlord files, the lease is reinstated if you pay all past-due rent plus a reasonable late fee set out in a written lease. That's the cheapest point to fix the problem. Once a case is filed, attorney's fees and court costs are added.
The Justice Courts' advice for anyone struggling is to talk to the landlord about a payment arrangement before the rent is overdue, not after.
Don't withhold rent over repairs
The Maricopa County Justice Courts are blunt about this. Their eviction page warns tenants not to withhold rent because a landlord isn't making repairs, calls it an illegal "rent strike," and says a judge must, in nearly every case, evict a tenant who does it. Arizona law has specific steps for repair problems that start with written notice to the landlord. The courts' "Obligations and Remedies" page has sample forms. Talk to a lawyer before you hold back any rent.
Step 2: The Lawsuit and Summons
If the notice period passes without payment, the landlord files a complaint in the Justice Court for the area where the home is located. The court issues a summons with your hearing date. Under ARS 33-1377(B), the hearing must be not more than 6 and not less than 3 days from the date of the summons, and the summons must be served at least 2 days before the hearing.
If personal service is tried and the summons is also posted on your main door and sent by certified mail, the statute treats you as having received it 3 days after mailing. So check your door and mail closely if you're behind on rent.
File an answer, free of charge
The Justice Courts encourage tenants who disagree with the complaint to file a written answer. There's no fee. The court's Eviction Action Answer form lets you:
deny that you failed to pay rent, broke the lease or damaged the property;
say rent wasn't paid because the landlord violated the lease or the Landlord and Tenant Act, and that you gave the landlord the written notice the law requires (attach a copy);
ask the court to dismiss the case because notice wasn't given properly, or the wrong person filed or was sued.
If you believe the landlord owes you money, you may be able to file a counterclaim. The court says it must be filed at the same time as your answer and before the first hearing.
The answer packet also says plainly that not having the money to pay rent, for any reason, is not a legal defense.
Step 3: The Hearing
The Justice Courts say all eviction cases can be heard virtually, by phone or video. Your summons explains how to join. The Residential Eviction Information Sheet says that if the summons doesn't include virtual instructions, you must contact the court at least 2 hours before the hearing to get them. You can also go in person.
What to expect, according to the court:
The courts hear hundreds of evictions a day, so you may wait, usually no more than an hour.
Only the people named in the case, or their lawyer, may speak. Don't send a relative or friend in your place.
The judge asks the landlord for the basis of the case, then asks you whether it's true.
This is not the time to explain why rent wasn't paid. The court says valid defenses are things like: the rent was paid, the notice wasn't proper, or the amount claimed is wrong.
If you raise a valid defense, the judge can dismiss the case or set a trial, either right away or a few days later.
If you don't appear and the landlord does, a judgment will probably be entered against you.
The court won't provide a lawyer. Most landlords have one. Before you sign a stipulation (a written agreement with the landlord's attorney), read it closely. The court notes that most stipulations include a judgment against the tenant, and only what's written in it can be enforced.
Postponements are granted only for a very good reason, and the information sheet says any delay is no more than three business days. Come prepared with your documents and witnesses.
You can still stop it by paying
This is the most important thing to know. The Justice Courts say that until the judge announces a ruling, you can still avoid eviction by paying the full amount in the complaint, which at that stage will usually include rent, late fees, attorney's fees and court costs. The court says paying in full before the ruling stops the eviction and, in most cases, keeps the filing off your record.
After a judgment, it's different. The court's tenant information sheet says that even if you then pay the whole judgment, the landlord can still go ahead with the eviction. Letting you stay is entirely the landlord's choice.
Step 4: Judgment and the Writ of Restitution
If the judge rules for the landlord, ARS 12-1178(C) says no writ of restitution can issue until 5 calendar days after the judgment. For a material and irreparable breach, it's 12 to 24 hours. A constable serves the writ and directs everyone in the home to leave. The court says the constable may allow a little time to finish moving but can't cancel the writ.
A few practical points from the court:
Return your keys to the office when you leave. Don't mail them or leave them inside. Until the landlord has the keys, you can be charged more rent.
A judgment can show up on credit and background checks for years and can lead to collection actions such as wage garnishment.
Staying in or returning to the home after a writ is served can be charged as criminal trespass, under ARS 12-1178(D).
Appeals
Either side can appeal within 5 calendar days of the judgment, and the court can't extend that deadline. The Justice Courts' appeal fee is $99, not counting bonds. Filing an appeal does not stop the writ by itself. The court says a supersedeas bond is the only way to pause the eviction while the appeal goes forward, and you also have to keep paying rent into court as it comes due.
Sealed Eviction Records
The Justice Courts say an Arizona law that took effect September 24, 2022 requires eviction records to be sealed when the case is dismissed before judgment, when the tenant wins, or when the landlord and tenant agree in writing to set aside and seal the judgment, which requires a Motion to Set Aside and Seal. That's another reason to settle before a judgment if you can.
Court Fees in Maricopa County Justice Courts
Answer: no charge
Complaint and summons (paid by the landlord): $69
Writ of restitution: $125
Appeal: $99, not including bonds
Where to Get Help
Community Legal Services: (602) 258-3434 in Maricopa County, per the Justice Courts' packet. The Arizona Supreme Court lists its statewide line as 1-800-852-9075. The Justice Courts say CLS offers free or low-cost eviction help almost every day.
State Bar of Arizona attorney referral: (602) 257-4434.
Arizona courts' eviction portal: azcourts.gov/eviction in English and azcourts.gov/desalojo in Spanish, with videos and information sheets.
AZCourtHelp.org: information on the eviction process and links to legal aid.
Maricopa County Justice Courts administrative office: (602) 506-8530.
Rent help: the Justice Courts note that pandemic-era assistance has ended, but that cities, churches and nonprofits may still have help. Our Phoenix nonprofit and church guides below list places to call.
A Checklist if You've Been Served
Note the hearing date and time on the summons, and how to join by phone or video.
Call Community Legal Services the same day.
If you can pay the full amount, ask the landlord's attorney for an exact total and pay before the judge rules.
File a free written answer if you have a defense, and any counterclaim at the same time.
Gather proof: your lease, rent receipts, the notice, texts or e-mails, repair requests and photos.
Attend the hearing. Missing it almost always means losing.
If you lose, mark 5 calendar days for both the writ and the appeal deadline.
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