Does Phoenix have its own eviction law?
No. Phoenix has no just-cause rule, no relocation payment and no city notice to serve before filing. A.R.S. 33-1329 preempts local rent control, stating that cities, including charter cities, “shall not have the power to control rents” on private residential property, with an exception for housing that a government agency owns, finances, insures or subsidizes.
What Phoenix does have is a set of programs that can pay back rent or put a lawyer next to your tenant, plus a cooling standard that matters every summer. Those come later on this page.
Arizona’s steps in brief
You serve a written five-day notice for unpaid rent under A.R.S. 33-1368, counted in calendar days, then file a special detainer complaint. The summons sets trial three to six days out, and the writ of restitution can’t issue until five calendar days after judgment. Our Arizona eviction process guide covers lease violation notices, the tenant’s reinstatement rights and appeal bonds in full.
Which Maricopa County justice court gets your case?
The one whose precinct contains the rental. The Maricopa County Justice Courts require the property to be located in the precinct where you file, and they publish a precinct map to check it. The county has 26 justice courts, and each precinct elects one justice of the peace and one constable.
Justice court takes eviction cases where the total amount due doesn’t exceed $10,000; above that, the case goes to superior court. For one unit in a Phoenix apartment building, you’ll almost always be in justice court.
Filing still runs through the clerk for now. The justice courts’ home page announces that eFiling is coming, so check before you drive downtown with a stack of copies. A tenant pays no fee to file an answer, and the county posts a dashboard of eviction filings across all 26 courts, which shows how busy your precinct is.
The local paperwork packet
Maricopa County’s filing instructions spell out what goes to the clerk and what goes to the tenant. File only after the notice period has fully run, starting the business day after it ends.
- To file: the summons, the complaint and a copy of the eviction notice you served on the tenant.
- To serve on the tenant: the summons, the complaint, the Residential Eviction Information Sheet (REIS), the relevant lease pages and, for nonpayment, a rent ledger covering six months.
- Copies: three sets for one defendant, four for two.
- Service: arrange it through a licensed process server, at least two days before trial.
- For trial: bring everything above plus the affidavit of service, the judgment worksheet and the form of judgment.
What Maricopa County justice courts charge
The county’s fee schedule lists $69 to file a residential eviction complaint and $125 for a writ of restitution, which includes the constable’s first six miles of travel. Travel beyond six miles runs $2.40 a mile. If executing the writ takes more than three hours, the constable charges $40 for each extra hour.
An appeal costs the appealing party a $99 notice of appeal fee plus a $250 cost bond, or an affidavit in lieu of the bond. Writ fees are set by statute, aren’t refundable and stay paid even if you cancel the lockout in writing.
Trial day at a Maricopa County justice court
Check in at the court window before your hearing time. The summons shows the date and time, and the court can continue a trial for up to three business days for good cause.
Initial hearings can be attended by phone or video. If you plan to attend virtually, the court asks you to call at least two hours before the hearing for instructions, unless it already sent them. Have your lease, ledger, notice and proof of service at hand, because a judge on a full eviction calendar moves quickly.
How a Phoenix constable carries out the writ
After five calendar days pass from judgment, ask the clerk for the writ of restitution form, attach the judgment and pay the fees. The judge usually signs it the same day, and it goes to the constable, who must serve it as promptly and expeditiously as possible. Include a note with anything the constable should know about the unit or tenant, plus a phone number for you or your manager.
If the tenant isn’t home, the constable posts the writ. When the tenant doesn’t leave within 24 hours of that demand, you contact the constable to schedule the lock change. You, your maintenance staff or a locksmith must be there to change locks and secure the unit, and if belongings go to storage, you supply the movers.
- Don’t request the writ if you signed a new lease or accepted any part of a new month’s rent after judgment; a later demand needs a new case.
- Don’t request it if the judgment has been paid or satisfied, or you collected more than the judgment.
- Don’t hold the tenant’s belongings for the judgment. A tenant reclaiming property pays only removal and storage costs, under A.R.S. 33-1368(E) and (F).
Registering your Phoenix rental with the county assessor
Arizona requires every owner of residential rental property to keep its information on file with the county assessor, under A.R.S. 33-1902, and in Phoenix that means the Maricopa County Assessor. You list the owner’s name, address and phone, a named officer or manager for an LLC or trust, the property address, parcel number and year built, and you update it within 10 days of any change. An owner who lives outside Arizona must also designate a statutory agent in the state.
Skipping it has teeth. A city can impose a $150 civil penalty for each day of violation, or $1,000 plus $100 a month for a newly acquired property, though the penalty is dismissed if you comply within 10 days of notice. Check this before you file an eviction or close on a purchase.
Phoenix and Maricopa County programs owners should know
The Eviction Prevention Pilot Program, a joint effort of Maricopa County and the City of Phoenix announced August 19, 2026, puts $800,000 from the county’s FY 2027 budget toward one-time rent help in ZIP codes 85008, 85040, 85041 and 85042. Hom, Inc. runs it and works with owners directly. Participating owners submit a tenant ledger and W-9, agree that the payment covers the arrears and eligible charges, and don’t start or continue a nonpayment eviction for amounts the pilot resolves.
The city’s Eviction Legal Services Program gives Phoenix residents at or below 80% of area median income free help in the courtroom, mediation outside court and post-eviction help, so expect more tenants to show up represented. The city’s Landlord and Tenant Program also offers free counseling at (602) 262-7210, and it treats a dead cooling system as an emergency when a unit with central air is over 82 degrees, or over 86 with an evaporative cooler. Fix cooling first, because a repair complaint can support a retaliation defense under A.R.S. 33-1381.
Worked example: a $1,375 unit and the mailed-notice delay
Assume a one-bedroom renting for $1,375 a month in a 48-unit building in central Phoenix, rent due Saturday, May 1, 2027. We assume a $600 attorney fee and a $75 process server fee, plus the court’s $69 filing fee and $125 writ fee.
Hand delivery: you hand the five-day notice to the tenant Monday, May 3. It runs through Saturday, May 8, and you file Monday, May 10. Trial is Thursday, May 13. Five calendar days pass by May 18, the writ issues Wednesday, May 19, and the constable changes locks Friday, May 21, day 20.
Certified mail: mailed May 3, the notice is deemed received May 8 under A.R.S. 33-1313, assuming the tenant doesn’t pick it up sooner, runs through May 13, and you file Friday, May 14. Trial is Monday, May 17, the five days end Saturday, May 22, the writ issues Monday, May 24, and the lockout is Wednesday, May 26, day 25. Daily rent is $45.21 ($1,375 × 12 ÷ 365).
| Delivery | Days to lockout | Lost rent | Total with fees |
|---|---|---|---|
| Hand delivery | 20 | $904.11 | $1,773.11 |
| Certified mail | 25 | $1,130.14 | $1,999.14 |
What this means at a Phoenix apartment building
Phoenix cases move fast, so the paperwork has to be right the first time. With several late units, build one packet per tenant with the notice, six-month ledger, REIS and lease pages, and file each case the business day after its notice expires. A dismissed case costs you the filing fee and a week or more.
Hand delivery saves five days per unit in our example, worth $226.03 in rent at this building. If a tenant lives in a pilot ZIP code, compare the program payment with the cost of a case before you file, since a funded payment is often the cheapest way to clear the ledger.
Selling your Phoenix apartment building to Skyline
Skyline Capital Investments buys apartment buildings with five or more units in Phoenix and across Maricopa County, occupied and as-is, including buildings with nonpaying tenants or special detainer cases already filed. Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.
