Evictions

Introduction

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.

How to File

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
JP06 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.

Other Services:

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.

AZTurboCourt
AZTurboCourt

Case Flow Chart

Civil Traffic Flow Chart

Common Case Terms & Definitions

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.

FAQ's

  • Is there a fee to file an eviction action?

  • I was served with an Eviction Summons and I cannot appear at the set court date. What can I do?
    • The court date indicated on the summons is a mandatory court hearing. Failure to appear may result in a default judgment. If you cannot appear at the set court date you may file a motion.

  • What is a motion? What do I write on a motion?
    • A motion is a formal written request to a judge for purposes of obtaining an order in favor of the individual making the request. You can download a motion form (JP44) available on our website at www.jp.pima.gov. Once you have downloaded the form and specified your request, you will need to mail the motion to the Court or bring it in person to 240 N. Stone Avenue Tucson, AZ 85701. A ruling will be mailed to you once the judge has reviewed the motion and made a decision.

  • Is there a fee to file a motion?

  • Do I need an attorney in an eviction action case?
    • No, there is not a requirement to be represented by an attorney in an eviction case.

Appeal Process & Information

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.

  1. Stop collection: In order to stop collection of a monetary judgment, a Supersedeas Bond must be in an amount equal to the total judgment.
  2. Stop the eviction process: A Supersedeas Bond stays the eviction.  As long as the defendant continues to pay monthly rent to the Court, the eviction cannot be enforced.  The amount of the bond is the amount of rent due from the date of the judgment to the next periodic rental due date.
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.br/>

***For a complete appeal packet and instructions please view form JP410 Appeal a Civil Judgment Packet***

Other Information