Tucson Eviction Court Steps 2026–27: The 5-Day Notice, a Hearing Within Days and the Constable's Writ
Arizona evictions move faster than almost anywhere else in the country. In Tucson, the court hearing is usually set 3 to 6 days after the landlord files, and a landlord who wins can get a writ of restitution five days after judgment. That speed is why the most important protection comes early. If you pay all past-due rent and a reasonable late fee before the landlord files, Arizona law says your lease is reinstated.
Most Tucson evictions are heard at the Pima County Consolidated Justice Court, 240 N. Stone Ave., Tucson, AZ 85701 (520-724-3171). Pima County also runs a free legal help office for tenants facing eviction. Its number is 520-724-3357 (520-724-EELS), and it is the first call to make.
This guide walks through a typical nonpayment eviction step by step, using Arizona statutes and Pima County and Arizona court pages. It is general information, not legal advice. Your court papers, your lease and the judge's orders control your case.
Step 1: The 5-Day Notice for Unpaid Rent
Under A.R.S. § 33-1368(B), if rent is unpaid, the landlord must give you a written notice before filing an eviction case. The notice must say the rent is unpaid and that the landlord intends to end the rental agreement if you do not pay within five days. The statute says these are calendar days, so weekends count.
The Pima County Justice Court says a notice can be handed to you or sent by certified mail. A notice you are handed counts as received that day. A mailed notice counts as received five days after it is mailed, which can give you extra time.
The Arizona courts' instructions say the landlord must wait until the business day after the notice expires before filing.
Step 2: Pay Before the Case Is Filed if You Can
Section 33-1368(B) sets out what it takes to stop the eviction, and the cost goes up at each stage:
Before the landlord files: the lease is reinstated if you pay all past-due rent plus a reasonable late fee that is in a written lease.
After the landlord files, but before judgment: the lease is reinstated only if you pay all past-due rent, reasonable late fees in the written lease, and the landlord's attorney fees and court costs.
After the landlord wins a judgment: whether to let you stay is up to the landlord.
Pay in a way you can prove, such as a money order or cashier's check, and keep the receipt.
If you need money for rent, call Pima County's Emergency Eviction Legal Services at 520-724-3357. Pima County says its navigators can connect tenants to resources such as rent assistance. You can also call the Pima County Community Action Agency's utility, rent and mortgage hotline at 520-724-2667.
Step 3: The Complaint and Summons
If the notice period passes without full payment, the landlord files an eviction complaint, called a special detainer action. Under A.R.S. § 33-1377(B), the summons is issued the day the complaint is filed. It sets a court date no more than six and no fewer than three days from the date of the summons. The Pima County court page describes the same timeline: a hearing 3 to 6 days after the lawsuit is filed.
How you get the papers:
The summons must be served at least two days before the court date.
If personal service is tried, a copy can be posted on your main entrance and sent by certified mail. In that case, the law treats you as having received the summons three days after it is mailed.
The Arizona courts' instructions say the landlord must also serve a Residential Eviction Information Sheet with the summons and complaint.
Read every page right away. The court date may be only a few days off.
Step 4: Get Free Legal Help Before Court
Pima County's Office of Emergency Eviction Legal Services helps tenants in eviction cases. According to the county:
Navigators are available to all tenants and landlords in Pima County eviction cases. They explain the process and connect tenants with resources like rent assistance and job help.
Tenants whose household income is at or below 80% of area median income also qualify for a free attorney.
Call 520-724-3357 or use the county's contact request form.
The county says it works with the Pima County Justice Court, joining a small number of places that provide free counsel to qualifying tenants in eviction cases.
Step 5: The Hearing at Justice Court
Go to court on the date in the summons, and arrive early. The Arizona courts tell landlords to be 15 minutes early, and you should be too. If you do not appear, the landlord can win by default.
Bring:
your lease and the notice you received,
proof of every payment, such as receipts, money order stubs or bank records,
photos and written repair requests, and
texts or letters with your landlord.
Postponements are short. Under § 33-1377(C), a trial can be postponed for good cause, supported by an affidavit, for no more than three days in justice court.
If you win, the Arizona courts say the eviction case is over and you can stay in the home.
If you lose, § 33-1377(F) says the judgment can include possession of the home, late charges in the lease, court costs and, at the landlord's option, unpaid rent through the rental period.
Step 6: The Five-Day Wait and the Writ of Restitution
Under A.R.S. § 12-1178(C), no writ of restitution can issue until five calendar days after the judgment. The Arizona courts' instructions say that if you have not moved out, the landlord must go back to court after five days to get the writ. In some circumstances, the landlord can get it the next court day.
In Pima County, writs of restitution are served by constables. Section 12-1178(C) also says that filing a motion to set aside the judgment does not delay the writ unless a judge finds good cause.
One more warning from § 12-1178(D): once you are lawfully served with a writ, staying in or returning to the unit without the owner's permission is criminal trespass in the third degree.
Faster Cases for "Material and Irreparable" Breaches
Some cases are not about rent. If the landlord claims a material and irreparable breach, such as certain serious criminal acts, § 33-1377(E) sets the trial no later than the third day after filing. If the landlord proves it, the court orders the tenant out in 12 to 24 hours. Get a lawyer immediately if you receive this type of complaint.
Appeals
Section 33-1377(A) says the appeal rights for forcible detainer cases also apply to these eviction cases. Appeal deadlines and bond rules are short and technical. If you want to appeal, call Emergency Eviction Legal Services the same day as the judgment.
Utilities and Your Belongings After the Writ
Section 33-1368(D) says the landlord may cut off landlord-provided utility services only on the day after the writ is executed. Even then, the shutoff must be done by someone authorized by the utility.
Under § 33-1368(E), the day after the writ is carried out, the landlord must follow Arizona's rules for handling the tenant's personal property (§ 33-1370). Ask a lawyer or navigator how to get your belongings back.
Tucson Eviction Checklist
[ ] Checked how the notice was delivered: handed to you (counts that day) or certified mail (counts five days after mailing)
[ ] Counted five calendar days, including weekends
[ ] Paid all past-due rent and the lease late fee before the landlord filed, if you could, and kept proof
[ ] Called Emergency Eviction Legal Services at 520-724-3357
[ ] Called PCCAA at 520-724-2667 about rent help
[ ] Read the summons and wrote down the court date, which may be 3 to 6 days after filing
[ ] Went to court early with your lease, notice, receipts and photos
[ ] If you lost, planned your move within the five days before a writ can issue
Frequently Asked Questions
Can I still pay after the landlord files? Yes, but it costs more. You must pay past-due rent, lease late fees, attorney fees and court costs before judgment for the lease to be reinstated. After judgment, it is the landlord's choice.
Do weekends count in the five-day notice? Yes. Section 33-1368 says "days" means calendar days.
Who removes me if I lose? A constable serves the writ of restitution, and it cannot issue until five calendar days after the judgment.
Does this cover security deposits? No. This guide covers the eviction court process only.
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