Landlord/Tenant

"Landlord" means the owner, lessor or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by section 33-1322. ARS §33-1310(7)

"Owner" means one or more persons, jointly or severally, in whom is vested all or part of the legal title to property or all or part of the beneficial ownership and a right to present use and enjoyment of the premises. The term includes a mortgagee in possession. ARS §33-1310(9)

"Park manager" means the person who is primarily responsible for the day-to-day operation of a mobile home park. ARS §33-1409(20)

"Premises" means a dwelling unit and the structure of which it is a part and existing facilities and appurtenances therein, including furniture and utilities where applicable, and grounds, areas and existing facilities held out for the use of tenants generally or whose use is promised to the tenant. ARS §33-1310(11)

"Rent" means payments to be made to the landlord in full consideration for the rented premises. ARS §33-1310(12)

"Rental agreement" means all agreements, written, oral or implied by law, and valid rules and regulations adopted under section 33-1342 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. ARS §33-1310(13)

"Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others. ARS §33-1310(17)

"Term of lease" means the initial term or any renewal or extension of the written rental agreement currently in effect not including any wrongful holdover period. ARS §33-1310(18)

Arizona Revised Statutes §§22-201 through 22-206: These Arizona statutes govern civil proceedings in Justice Courts.

Arizona Revised Statutes §§33-1301 through 33-1381: These Arizona statutes are the Arizona Residential Landlord and Tenant Act.

Arizona Revised Statutes §§33-1401 through 33-1501: These Arizona statutes are the Arizona Mobile Home Parks Residential Landlord and Tenant Act.

Arizona Revised Statutes §§33-301 through 33-381: These Arizona statutes govern commercial landlord-tenant law. 

Arizona Rules of Procedure for Eviction Actions: Describes the procedure in the superior courts and justice courts involving forcible and special detainer actions, which are jointly referred to in these rules as “eviction actions.”

Arizona Revised Statutes §33‐1370: Describes abandonment including notice and remedies.

Arizona Revised Statutes §33‐1322: Describes landlord duties of disclosure and written rental agreement.

Arizona Revised Statutes §33‐1324: Describes landlord duty to maintain fit premises.

Arizona Revised Statutes §33‐1341: Describes tenant duty to maintain dwelling unit.

Arizona Revised Statutes §33‐1344: Describes tenant use of dwelling unit A.R.S. §§ 33‐1344

An eviction action is a claim filed by a landlord against a tenant for possession of a rental property. These lawsuits are designed to resolve cases in which a tenant has breached a rental agreement. 

Eviction Actions in Justice Court

The total amount that may be claimed in an eviction action filed in a Justice Court is $10,000.00 or less, not including interest, costs and awarded attorneys’ fees.

Eviction actions must be filed in the jurisdiction in which the rental property is located. See the County’s Interactive Elections Map to determine in which Justice Court to file.

Eviction Actions in Superior Court

For any amount being claimed over $10,000 in an eviction action must be filed in the Superior Court. 

The Superior Court in Maricopa County has created one of the required forms that you can use. 

Superior Court Eviction Summons – Use this form when filing in Superior Court. En español aquí
 
An eviction action, called a “forcible detainer,” complaint filed in the Superior Court must contain specific language. Email: services@jbazmc.maricopa.gov to ask for a template for a complaint.

Justice Court Eviction Actions Forms - These are eviction action forms that are filed in the Justice Court, including the complaint, summons, and response. 

Justice Court Eviction Appeal Forms - Use these forms if you wish to appeal an eviction order that has been placed against you from Justice Court to Superior Court. 

Arizona Residential Landlord and Tenant Act. AZ Department of Housing. 2023.

Arizona Tenants’ Rights and Responsibilities Handbook. Volunteers Lawyer’s Program. Legal Services Corporation, 2009.

Casler, Carlton C. Arizona Landlord’s Desk Book. Consumer Law Books Publishing House. KFA2517 .C37. 2012. Available downtown only.

Clarke, Miller M. Arizona Civil Remedies. Arizona State Bar. KFA2947.A967. 2015. Available downtown only.

Plaintiff [Landlord] Checklist for Residential Eviction Actions. AZ Bar Foundation, 2023. William, Gerald A. “Justices of the Peace, Pandemics and Evictions.” 57 Arizona Attorney 24 (2020-21).