The Center for Disease Control has issued an order temporarily halting evictions for non-payment of rent in certain situations.
For more information, click here: CDC Order Summary 09-04-20
The purpose of an eviction action is to remove the tenant(s) from the property. Prior to filing an eviction, the landlord must give notice to the tenant. The notice may be personally delivered or sent certified mail. Notice is deemed to be received on the date it was personally handed to the tenant or five days after the notice is mailed.
A landlord can file an eviction action against a tenant for nonpayment of rent, for breach of lease, for misrepresenting information to the landlord, for allowing unauthorized persons to live on the premises, or the tenant or the tenant's guests have committed a crime.
The Court provides the necessary forms with detailed information and instructions.
Click on the links below to view the forms:
JP12 Eviction Instruction to Plaintiff
JP06A Eviction Summons & Complaint
Filings may be subject to a fee according to the Civil Fee Schedule. If you cannot afford the fees you may apply for a Deferral or Waiver.
AZTurboCourt is an online service provided by the Arizona Supreme Court that will walk you through the process of completing the civil complaint form. There is a $15.00 fee for using this service. Once you have printed the forms you must file them with the Court. To begin using AZTurboCourt, click the link below.
Complaint - A formal allegation that initiates a lawsuit.
Creditor - One to whom a debt is owed.
Debtor - One who owes an obligation to another.
Default Judgment - A judgment entered against a defendant who has failed to plead or otherwise defend against a plaintiff's claim.
Defendant - A person being sued in a civil proceeding.
Garnishee - A third party who is served notice by a court to surrender money in settlement of a debt or claim.
Garnishment - A process that involves a court order to direct that money from a third party (employer or bank) be seized to satisfy a debt owed by a debtor to a plaintiff creditor.
Judgment - A formal decision made by a court.
Plaintiff - A party who brings a civil suit in a court of law.
Service - The formal delivery of a legal notice.
Summons - Provides legal notice to a party about a lawsuit and may involve an order to appear and or response to the complaint.
Writ of Restitution - Directs the constable to enforce the return of the property to the party entitled.
A party may appeal a final order or a final judgment entered in any civil case. The appeal procedure is set forth in
Superior Court Rules of Appellate Procedure,
and in the Arizona Revised Statutes.
To start an appeal, a Notice of Appeal must be filed with the trial court within five (5) calendar days from the date of the judgment. If a Notice of Appeal is not filed within 5 calendar days, the judgment can no longer be appealed.
There are two stages to appeal process. The first stage begins in the Justice Court; the second stage takes place in the Superior Court. All steps must be completed at both stages to avoid possible dismissal of the appeal.
The person who files the appeal is the Appellant. The opposing party is the Appellee. The Justice Court is the trial court.
To stay enforcement of the judgment a Notice of Appeal and a Supersedeas Bond must be filed with the court. There are two types of Supersedeas Bonds and they each have a separate purpose. The court cannot waive the Supersedeas Bond.
The court can issue a Writ of Restitution when rent payments are not received in a timely manner, which allows the landlord to resume the eviction process.
A Supersedeas Bond is not required to file an appeal. The appeal will proceed with or without a Supersedeas Bond.
***For a complete appeal packet and instructions please view form JP410 Appeal a Civil Judgment Packet***
Eviction Information (English)
Eviction Information (Spanish)