When rent doesn’t show up, the stress hits fast. Bills stack up, your mortgage doesn’t wait, and the tenant won’t return your calls. As a landlord in Arizona, it’s tempting to take matters into your own hands. But before you do, know this: you have legal rights, and the law is on your side if you follow the right steps.
Here’s what Arizona Law actually allows when a tenant stops paying.
You Can Serve a 5-Day Notice to Pay or Vacate
Arizona law gives you the right to issue a 5-day notice the moment rent is late. This is your legal starting point. The notice must clearly state how much is owed and give the tenant five calendar days to pay in full or move out.
It must be in writing. You can deliver it by hand, post it at the rental, or send it by certified mail. If mailed, the tenant gets five extra days to respond. No phone calls or texts count as notice.
You Can File an Eviction Case if the Tenant Does Not Pay
If the tenant ignores the notice, you are allowed to file what Arizona calls a special detainer action in Justice Court. This is your formal eviction request.
You’ll need to show:
- The signed lease agreement
- Proof that rent is unpaid
- A copy of the 5-day notice and proof of delivery
Once filed, the court usually sets a hearing within three to six business days.
You Cannot Evict a Tenant Yourself
Arizona law does not allow landlords to take eviction into their own hands. That means:
- You cannot change the locks
- You cannot shut off the power or water
- You cannot remove the tenant’s things
Only the court and law enforcement can remove someone from your property. Doing it yourself could result in fines or a lawsuit against you.
The Court Must Grant You Possession
At the hearing, if the judge agrees with your claim, you will receive a judgment for possession. This gives the tenant an additional five days to move out voluntarily. If they still stay, you can request a writ of restitution.
That writ lets the sheriff or constable remove the tenant from your rental. Until that writ is served, the tenant has the right to remain.
You Can Refuse Partial Payments
A tenant may try to pay part of the rent after you serve the notice. Be careful. Accepting even a small amount could restart the process unless you use a partial payment agreement in writing. This document should state you’re still moving forward with the eviction unless the full balance is paid.
Without it, a judge may say you waived your right to evict.
How Can a Property Manager Help?
A property manager takes the stress out of rent non-payment by handling the process legally and efficiently.
- They manage notices and paperwork. From serving the 5-day notice to tracking communication, they make sure everything follows Arizona law.
- They can represent you in court. With proper authorization, they attend eviction hearings on your behalf.
- They help you avoid legal mistakes. Property managers know what actions are allowed and what could lead to fines or delays, such as accepting partial rent without a written agreement or changing the locks too soon.
- They place better tenants. Their screening process reviews credit, income, and rental history to lower the risk of rent problems.
- They stay on schedule. Arizona’s eviction timeline is strict, and property managers help you act within the legal deadlines.
Having a professional property management company like Real Estate Brokers of Arizona helps you stay compliant, avoid costly errors, and protect your rental income.
Stay Within the Law When Eviction Becomes Necessary
Eviction is tough. No landlord wants to go through it, but when rent stops coming in and tenants stop communicating, you have to protect your property. Arizona law gives you the tools to take action, but only if you follow the process by the book.
It’s not just about serving notices or showing up in court. It’s about doing everything right so you don’t lose time, money, or legal ground. Missing a step or making the wrong move could delay things or even get your case thrown out.
You don’t have to figure it all out on your own.
At Real Estate Brokers of Arizona, we’ve been where you are. We know the frustration of poor service, unqualified tenants, and property managers who disappear when you need them most. That’s why we do things differently.
Call us today, and let us help you handle eviction the right way, with less stress, less risk, and a team that actually shows up when it counts.
