Eviction Laws in Tempe, Arizona
Tempe is home to Arizona State University — one of the largest universities in the United States with over 75,000 students. The rental market is heavily influenced by the student population, with dense apartment developments near campus and along the light rail corridor. Beyond the university, Tempe Town Lake and the Mill Avenue District have attracted tech companies, startups, and young professionals. The city’s rental market is competitive and fast-moving, with high turnover during summer months as students cycle in and out. Tempe Justice Court handles eviction filings for properties within the city.
Arizona landlords operate under the Arizona Residential Landlord and Tenant Act (ARLTA), codified at ARS § 33-1301 through 33-1381, with eviction procedures governed by ARS § 12-1171 through 12-1183. Arizona has multiple notice types depending on the violation: a 5-Day Notice to Pay or Quit for nonpayment of rent (ARS § 33-1368(B)); a 5-Day Notice to Cure for lease violations materially affecting health and safety (ARS § 33-1368(A)); a 10-Day Notice to Cure or Quit for non-health/safety lease violations or falsification of general application information (ARS § 33-1368(A)); a 10-Day Unconditional Quit for repeat violations of the same or similar nature during the lease term, or for falsification of criminal record or eviction history on the rental application (non-curable); and an Immediate Notice of Termination for material and irreparable breaches including illegal discharge of a weapon, homicide, prostitution, criminal street gang activity, controlled substance offenses, assault, nuisance, or conduct that jeopardizes health, safety, and welfare (ARS § 33-1368(A)). A 30-Day Notice terminates a month-to-month tenancy without cause (ARS § 33-1375). Self-help evictions are illegal in Arizona — landlords who change locks, shut off utilities, or remove belongings without a court order face liability for damages under ARS § 33-1367.
Tempe — Local Rules That Affect Landlords
Arizona State University. ASU’s massive student population dominates Tempe’s rental market. Student tenants have the same legal rights and obligations as any other tenant under Arizona law. Structure lease terms around the academic calendar (August-May) and require guarantors or co-signers for students without verifiable income.
Light Rail Corridor. Properties along the Valley Metro light rail line command premium rents and attract a mix of students and young professionals. High density means noise and parking can be issues — address these in your lease.
High Turnover Market. Tempe’s student-driven market has among the highest turnover rates in the Phoenix metro. Budget for turnover costs and screen aggressively to minimize vacancy between academic cycles.
No Rent Control. Arizona law (ARS § 33-1329) preempts all local rent control.
Tempe Justice Court (Tempe Precinct) — Where Landlords File
Tempe landlords file Special Detainer (eviction) actions at Tempe Justice Court (Tempe Precinct), 140 E 5th St, Tempe, AZ 85281, phone (480) 350-8271, open Monday-Friday 8:00 a.m. to 5:00 p.m.. Filing fees are approximately ~$35-$80 (Justice Court) for Justice Court (claims under $10,000) or approximately $362 for Superior Court (claims over $10,000). After filing, the court issues a summons and sets a hearing date no more than 6 business days and no fewer than 3 business days from issuance (for threats, violence, or criminal activity, the hearing is set within 3 days). The summons and complaint must be served on the tenant by a process server, constable, or sheriff. If the landlord wins, the court issues a Writ of Restitution — the constable or sheriff then executes the writ and removes the tenant. The tenant has 5 calendar days to appeal to Superior Court. Arizona Justice Courts are fast-moving — hearings typically take minutes, not hours. Come with organized documentation: the lease, all notices with proof of service, rent ledger, and photos.
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