Eviction Court Process in Arizona: Filing, Summons, Hearing and Judgment
An Arizona eviction case moves through justice court in days, not months. Here is how the sworn complaint, the summons, the return day, the trial and the judgment work.
Which court hears an Arizona eviction?
The complaint is filed with the clerk of the superior court or a justice of the peace, in writing and under oath, and the summons issues no later than the next judicial day (A.R.S. 12-1175(A)). In a special detainer action the summons issues the day the complaint is filed (33-1377(B)). The Rules of Procedure for Eviction Actions govern the procedure in the superior and justice courts (Arizona Judicial Branch).
What must the complaint contain?
A description of the premises in sufficient detail to identify them, and the facts that entitle the plaintiff to possession and authorize the action (12-1175(B)). An agency or court may not require a mandatory or technical form for providing notice or pleadings: a notice or pleading that meets the statutory requirements is sufficient (12-1175(D)).
How much notice of the hearing does the tenant get?
The summons names the time and place to appear and must be served at least two days before the return day, which is not more than six nor less than three days from the date of the summons (33-1377(B)). The court’s information sheet tells tenants that a trial may not occur on the date listed because of the volume of cases, and that the judge will start calling cases at the time listed (Residential Eviction Information Sheet).
What happens at the hearing?
If the defendant is found guilty of forcible detainer or special detainer, the court gives judgment for the plaintiff for restitution of the premises, for late charges stated in the rental agreement, for costs and, at the plaintiff’s option, for all rent found to be due and unpaid through the periodic rental period, and grants a writ of restitution. If the defendant is found not guilty, judgment is given for the defendant for costs (33-1377(F), (G)). The court may also assess damages, attorney fees and costs (33-1377(D)).
What if the tenant does not come to court?
Under the Rules of Procedure for Eviction Actions, if the defendant fails to appear in person or through counsel on the initial return date and no continuance is granted, the court, after determining that service of the summons and complaint was proper and timely and the other conditions of Rule 13 are met, enters a default judgment (Arizona Judicial Branch: eviction actions). Attend the hearing if you want to contest the case.
Can the trial be delayed?
For good cause shown supported by an affidavit, the trial may be postponed for not more than three days in a justice court or five days in the superior court (33-1377(C)).
What should each side bring?
A tenant should bring the lease, the notice and proof of when it was received, receipts or bank records showing payment, photographs and messages with the landlord. A landlord should bring the lease, the notice and proof of delivery, a ledger of rent and late fees and records of any breach. The Arizona eviction timeline calculator helps both sides check that the dates add up.
What the statutes do not say
The sections we read set the summons, the return day, the judgment and the writ. They do not give a number of days for the constable to execute a writ, and they do not list the defenses a tenant may raise. For those, ask the justice court clerk and a licensed Arizona attorney.
Frequently asked questions
Where is an Arizona eviction filed?
With the justice court or superior court, by a complaint in writing and under oath.
How soon is the court date?
Three to six days after the date of the summons, with service at least two days before the return day.
What does the court award if the landlord wins?
Restitution of the premises, late charges in the rental agreement, costs and, at the landlord’s option, unpaid rent, plus a writ of restitution.
Can the hearing be postponed?
For good cause with an affidavit, for up to three days in justice court or five in superior court.
What if the tenant does not appear?
The court can enter a default judgment after confirming proper and timely service.
Official sources
- A.R.S. 12-1175: complaint, summons, service and return
- A.R.S. 33-1377: special detainer actions
- Arizona Judicial Branch: eviction actions and court rules
- Maricopa County Justice Courts: information for tenants in eviction actions
- Arizona Supreme Court order R-13-0006: Residential Eviction Information Sheet
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Arizona statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Arizona attorney.