Eviction Complaint — Special Detainer (Arizona)

COMPLAINT FOR SPECIAL DETAINER (EVICTION) — ARIZONA

Pursuant to A.R.S. § 33-1377 / § 33-1368 / § 33-1375 — Arizona Residential Landlord and Tenant Act

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Premises and the Rental Agreement
4. Pre-Suit Notice and Compliance With ARLTA
5. Count I — Special Detainer (Nonpayment of Rent)
6. Count II — Special Detainer (Material Noncompliance / Cure or Quit)
7. Count III — Special Detainer (Material and Irreparable Breach)
8. Count IV — Special Detainer (Hold-Over After Termination)
9. Count V — Damages, Late Fees, Costs, and Attorney's Fees
10. Compliance With Anti-Discrimination, Anti-Retaliation, and Federal Law
11. Prayer for Relief
12. Verification
13. Demand for Jury Trial
14. Signature and Service Blocks
15. Exhibits
16. Arizona Practice Notes
17. Sources and References

1. CAPTION

IN THE JUSTICE COURT OF THE STATE OF ARIZONA

[___________________________] PRECINCT, [___________________________] COUNTY

CASE NO. [________________________________]

COMPLAINT FOR SPECIAL DETAINER

[Action Type: ☐ Nonpayment ☐ Material noncompliance ☐ Material & irreparable ☐ Hold-over]

2. PARTIES, JURISDICTION, AND VENUE

2.1 Plaintiff [PLAINTIFF NAME] is the landlord, owner, or authorized agent of the residential premises located at [__________________________], [CITY], [COUNTY] County, Arizona [ZIP] (the "Premises").

2.2 Plaintiff is a [☐ natural person residing in [STATE] ☐ [STATE] limited liability company ☐ [STATE] corporation ☐ trust ☐ other: __________] authorized to do business in Arizona.

2.3 Defendant [DEFENDANT NAME] is the tenant of the Premises pursuant to the rental agreement described below and resides at the Premises.

2.4 Plaintiff names "ALL OTHER OCCUPANTS" of the Premises as Defendants pursuant to A.R.S. § 33-1377(D) and Arizona Rules of Procedure for Eviction Actions Rule 5.

2.5 Subject-matter jurisdiction. This Court has jurisdiction over special detainer actions arising under ARLTA pursuant to A.R.S. § 33-1377, A.R.S. § 22-201, and Arizona Rules of Procedure for Eviction Actions.

2.6 Personal jurisdiction. Defendant resides in this precinct and the Premises are located within this precinct.

2.7 Venue. Venue is proper in this precinct pursuant to A.R.S. § 22-201 because the Premises are located within the precinct.

2.8 Amount in controversy. The total damages sought (excluding restitution of the Premises) are $[__________], which is within the jurisdictional limit of this Justice Court (A.R.S. § 22-201(B)).

3. THE PREMISES AND THE RENTAL AGREEMENT

3.1 The Premises are a [house / apartment / condominium / single-family residence / duplex unit] used solely for residential purposes (excluding mobile home park spaces governed by ARMHPLLA, § 33-1401 et seq.).

3.2 On or about [__/__/____], Plaintiff and Defendant entered into a [written / oral] rental agreement (the "Rental Agreement") for the Premises. A true and correct copy of the written Rental Agreement is attached as Exhibit 1.

3.3 Material terms of the Rental Agreement:

3.4 Defendant took possession of the Premises on or about [__/__/____] and has remained in possession at all times material to this Complaint.

4. PRE-SUIT NOTICE AND COMPLIANCE WITH ARLTA

4.1 Plaintiff served the Defendant with the statutorily required pre-suit notice as follows:

A true and correct copy of the pre-suit notice is attached as Exhibit 2, and the Affidavit/Declaration of Service is attached as Exhibit 3.

4.2 The pre-suit notice specifies the acts and omissions constituting the breach (where applicable) with sufficient particularity to permit the Defendant to identify and (where curable) cure the breach.

4.3 The cure / vacate period stated in the pre-suit notice has expired and Defendant has failed and refused to cure the breach or to vacate the Premises.

4.4 Plaintiff has not accepted any partial rent payment from Defendant during the 5-day notice period for any period covered by this Complaint, except as may be authorized by a contemporaneous written partial-payment agreement attached as Exhibit 4 (if applicable).

4.5 Plaintiff has complied with all material obligations of the landlord under the Rental Agreement and ARLTA.

5. COUNT I — SPECIAL DETAINER (NONPAYMENT OF RENT)

(If pursuing this count, complete and re-allege; otherwise omit.)

5.1 Plaintiff incorporates paragraphs 2.1 through 4.5 as if fully set forth herein.

5.2 Defendant has failed to pay periodic rent when due as set forth in the itemized statement of account attached as Exhibit 5.

5.3 Plaintiff served a 5-Day Notice to Pay Rent or Quit pursuant to A.R.S. § 33-1368(B) on [__/__/____]. The five-day cure period expired on [__/__/____].

5.4 Defendant did not pay the past-due rent and reasonable late fees within five (5) days after receipt of the notice.

5.5 The total amount of unpaid rent and reasonable late fees due as of the date of this Complaint is $[__________], calculated as set forth in Exhibit 5.

5.6 Pursuant to A.R.S. § 33-1368(B), the Rental Agreement is terminated, and Plaintiff is entitled to immediate restitution of the Premises and to a money judgment.

6. COUNT II — SPECIAL DETAINER (MATERIAL NONCOMPLIANCE / CURE OR QUIT)

(If pursuing, complete; otherwise omit.)

6.1 Plaintiff incorporates paragraphs 2.1 through 4.5 as if fully set forth herein.

6.2 Defendant has materially breached the Rental Agreement and/or A.R.S. § 33-1341 by the following acts and omissions, each of which constitutes a material noncompliance for which a written notice was provided:

6.3 Plaintiff served a [10 / 5]-Day Notice to Cure or Quit under A.R.S. § 33-1368(A) on [__/__/____]. The cure period expired on [__/__/____].

6.4 Defendant failed to cure the breach within the cure period and continues in possession.

6.5 Pursuant to A.R.S. §§ 33-1368(A) and 33-1377, Plaintiff is entitled to restitution of the Premises and damages.

7. COUNT III — SPECIAL DETAINER (MATERIAL AND IRREPARABLE BREACH)

(If pursuing, complete; otherwise omit. Trial must be set within 3 days; writ within 12–24 hours of judgment.)

7.1 Plaintiff incorporates paragraphs 2.1 through 4.5 as if fully set forth herein.

7.2 Defendant has committed a material and irreparable breach under A.R.S. § 33-1368(A) by reason of the following enumerated category and acts:

7.3 Plaintiff served the Immediate Notice of Material and Irreparable Breach on [__/__/____] (Exhibit 2). The conduct is not curable.

7.4 Plaintiff requests that, pursuant to A.R.S. § 33-1377(E), trial be set not later than the third day following the filing of this Complaint, and that a writ of restitution issue not less than twelve (12) nor more than twenty-four (24) hours after judgment.

7.5 Plaintiff has retained, and incorporates by reference, supporting evidence including police reports, witness statements, or affidavits attached as Exhibit 6.

8. COUNT IV — SPECIAL DETAINER (HOLD-OVER AFTER TERMINATION)

(If pursuing, complete; otherwise omit.)

8.1 Plaintiff incorporates paragraphs 2.1 through 4.5 as if fully set forth herein.

8.2 Plaintiff served a [30-day / 10-day weekly] Notice of Termination of Periodic Tenancy under A.R.S. § 33-1375 on [__/__/____]. The Termination Date was [__/__/____].

8.3 Defendant remains in possession of the Premises after the Termination Date without the consent of Plaintiff.

8.4 Plaintiff alleges (☐ check if applicable) that Defendant's hold-over is willful and not in good faith within the meaning of A.R.S. § 33-1375(C). Plaintiff therefore claims, in addition to actual damages, an amount equal to two months' periodic rent or twice the actual damages, whichever is greater.

8.5 Pursuant to A.R.S. §§ 33-1375 and 33-1377, Plaintiff is entitled to restitution of the Premises.

9. COUNT V — DAMAGES, LATE FEES, COSTS, AND ATTORNEY'S FEES

9.1 Plaintiff incorporates the foregoing paragraphs as if fully set forth herein.

9.2 Plaintiff is entitled to the following amounts as set forth in the itemized statement of account (Exhibit 5):

9.3 Plaintiff also requests that the Court award rent through the date of trial (and post-judgment occupancy charges through the date of vacatur).

10. COMPLIANCE WITH ANTI-DISCRIMINATION, ANTI-RETALIATION, AND FEDERAL LAW

10.1 Plaintiff has not commenced this action in retaliation for any conduct protected by A.R.S. § 33-1381, including code-enforcement complaints, complaints to the landlord regarding habitability, tenant union activity, or exercise of any ARLTA right.

10.2 This action is not brought on the basis of race, color, religion, national origin, sex, familial status, disability, ancestry, or any other class protected by 42 U.S.C. § 3601 et seq. (Fair Housing Act) or A.R.S. § 41-1491.14 (Arizona Civil Rights Act).

10.3 If the Premises are within the City of Phoenix or City of Tucson, this action is not brought on the basis of the Defendant's lawful source of income, including any housing choice voucher.

10.4 Plaintiff has determined that:

☐ The Premises is not subject to the CARES Act, 15 U.S.C. § 9058(c), 30-day notice-to-vacate requirement; OR
☐ Plaintiff has complied with the 30-day notice-to-vacate requirement of 15 U.S.C. § 9058(c), as evidenced by Exhibit 2.

10.5 If the Premises is a Section 8, public housing, project-based, LIHTC, USDA, or other federally assisted unit, the eviction is supported by good cause as required by federal regulations and any required HUD/Authority notice has been served.

10.6 Plaintiff has not engaged in any "self-help" eviction prohibited by A.R.S. § 33-1367 (lockout, utility shutoff, removal of doors or windows).

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant(s) as follows:

A. For restitution and immediate possession of the Premises;
B. For a writ of restitution to issue at the time provided by A.R.S. § 12-1178 (5 days post-judgment, or 12–24 hours for material and irreparable breach);
C. For past-due rent, late fees, and damages in the amount of $[__________], plus rent and damages accruing through the date of trial and through the date of vacatur;
D. For reasonable attorney's fees pursuant to A.R.S. § 12-341.01, A.R.S. § 33-1368, and/or the Rental Agreement;
E. For court costs pursuant to A.R.S. § 12-332 and § 12-341;
F. For pre- and post-judgment interest at the statutory rate per A.R.S. § 44-1201;
G. For two months' periodic rent or twice actual damages (Count IV only) per A.R.S. § 33-1375(C); and
H. For such other and further relief as the Court deems just and proper.

12. VERIFICATION

I, [__________________________], declare under penalty of perjury under the laws of the State of Arizona that I am the [Plaintiff / managing agent of Plaintiff / authorized representative of Plaintiff], that I have read the foregoing Complaint, and that the matters stated therein are true and correct to the best of my knowledge, information, and belief.

13. DEMAND FOR JURY TRIAL

☐ Plaintiff hereby demands trial by jury on all issues so triable, pursuant to Ariz. Const. art. II § 23 and Arizona Rules of Procedure for Eviction Actions Rule 9. Plaintiff has tendered the jury fee with this Complaint.

☐ Plaintiff waives jury trial.

14. SIGNATURE AND SERVICE BLOCKS

15. EXHIBITS

16. ARIZONA PRACTICE NOTES

1. Filing fees. Justice Court eviction filing fee varies by precinct (typically $35–$58); add service fee and writ fee. Maricopa County publishes the schedule online.
2. Summons issuance. § 33-1377(B) requires the clerk to issue the summons on the day of filing. Confirm before leaving the clerk's window.
3. Trial setting. Trial is set 3–6 days after summons issuance — OR within 3 days for material & irreparable. Bring witnesses and documentary evidence to the first appearance; there is no discovery in special detainer actions.
4. Service. A.R.S. § 33-1377(B) authorizes posting + certified mail if personal service is attempted; service must be completed at least 2 days before trial. Use a registered process server.
5. Postponement. § 33-1377(C) allows postponement of not more than 3 days in Justice Court (5 days in Superior Court) for good cause shown by affidavit.
6. Reinstatement. Even after filing, a tenant may reinstate the Rental Agreement under § 33-1368(B) by paying ALL past-due rent + late fees + attorney's fees + court costs. Be prepared to accept a tendered cure or document a refusal grounded in the lease.
7. Writ timing. § 12-1178 — writ may issue 5 calendar days after judgment (12–24 hours for M&I). The constable executes the writ; tenants typically receive a 24-hour vacate notice from the constable.
8. Sealing. A.R.S. § 33-1379 — the tenant may move to seal the case file in certain dismissal/judgment-for-tenant scenarios. This affects the landlord's ability to use the case in future tenant-screening reports.
9. Appeal. Either party may appeal a Justice Court judgment to Superior Court within 5 calendar days (RPEA 17). Posting a supersedeas bond stays the writ of restitution.
10. Mobile home parks. ARMHPLLA, A.R.S. § 33-1485, governs the parallel "special detainer" for mobile home park tenancies; do not use this template for mobile home park spaces.
11. Non-residential. A.R.S. § 12-1171 (FED) governs non-residential premises. Pre-suit notice must comply with the lease and § 12-1173.
12. Federal moratoria. Verify whether any current federal, state, or local moratorium applies (e.g., specific public-health or disaster-related orders).

17. SOURCES AND REFERENCES

• A.R.S. § 33-1377, Special detainer actions: https://www.azleg.gov/ars/33/01377.htm
• A.R.S. § 33-1368, Noncompliance with rental agreement: https://www.azleg.gov/ars/33/01368.htm
• A.R.S. § 33-1375, Periodic tenancy; hold-over remedies: https://www.azleg.gov/ars/33/01375.htm
• A.R.S. § 33-1379, Eviction action; dismissal; sealed records: https://law.justia.com/codes/arizona/title-33/section-33-1379/
• A.R.S. § 33-1381, Retaliation: https://www.azleg.gov/ars/33/01381.htm
• A.R.S. § 12-1171 et seq., FED: https://www.azleg.gov/arsDetail/?title=12
• A.R.S. § 12-1178, Writ of restitution: https://www.azleg.gov/ars/12/01178.htm
• Arizona Rules of Procedure for Eviction Actions: https://www.azcourts.gov/rules
• Arizona Department of Housing — ARLTA: https://housing.az.gov/sites/default/files/2024-07/Landlord_Tenant_Act_May-2023_1.pdf
• Maricopa County Justice Courts — Landlord Tenant Resource Guide: https://superiorcourt.maricopa.gov/ll/lt/
• Pinal County Justice Courts — Eviction Action Forms Packet: https://www.pinalcourtsaz.gov/DocumentCenter/View/181/Eviction-Action-Detainer-How-To-Self-Help-Packet-FD11-104-PDF
• Pima County Justice of the Peace — Evictions: https://www.jp.pima.gov/Info/CaseTypes/Evictions.html
• Arizona State Bar — Residential Eviction Actions (overview): https://www.azbar.org/media/u3rjh40f/residential-eviction-actions-2013.pdf
• 15 U.S.C. § 9058 (CARES Act 30-day notice): https://www.govinfo.gov/app/details/COMPS-15815
• Phoenix Source of Income Ordinance: https://www.phoenix.gov/administration/departments/housing/section-8-housing.html
• Tucson Source of Income Ordinance: https://www.swfhc.org/fair-housing-news/understanding-tucsons-source-of-income-protection-a-guide-for-residents-and-landlords

END OF COMPLAINT