Ariz. Rev. Stat. § 33-361
Violation of lease by tenant; right of landlord to reenter; summary action for recovery of premises; appeal; lien for unpaid rent; enforcement; notice and pleading requirements
Operative Text
A. When a tenant neglects or refuses to pay rent when due and in arrears for five days, or when a tenant violates any provision of the lease, the landlord or person to whom the rent is due, or the agent of the landlord or person to whom the rent is due, may reenter and take possession or, without formal demand or reentry, commence an action for recovery of possession of the premises. B. The action shall be commenced, conducted and governed as provided for actions for forcible entry or detainer and shall be tried not less than five nor more than thirty days after its commencement. In addition to determining the right to actual possession, the court may assess damages, attorney fees and costs pursuant to section 12-1178. C. If judgment is given for the plaintiff, the defendant, in order to perfect an appeal, shall file a bond with the court in an amount fixed and approved by the court and payable to the clerk of the superior court, conditioned that the appellant will prosecute the appeal to effect and will pay the rental value of the premises pending the appeal and all damages, attorney fees, costs and rent adjudged against the appellant. D. If the tenant refuses or fails to pay rent owing and due, the landlord shall have a lien on and may seize as much personal property of the tenant located on the premises and not exempted by law as is necessary to secure payment of the rent. If the rent is not paid and satisfied within sixty days after seizure as provided for in this section, the landlord may sell the seized personal property in the manner provided by section 33-1023. E. When premises are sublet or the lease is assigned, the landlord shall have a like lien against the sublessee or assignee as the landlord has against the tenant and may enforce it in the same manner. F. Notwithstanding any other law, an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer.
Under A.R.S. § 33-361, a landlord whose tenant is at least five days behind on rent, or who has violated a lease term, may reclaim the property either by physically reentering or by filing a court action for possession — no formal demand is required before filing. The court can also award damages, attorney fees, and costs alongside a possession judgment, and a tenant who appeals must post a bond covering ongoing rent and any amounts adjudged against them. Additionally, the statute gives landlords a lien on non-exempt personal property left on the premises to secure unpaid rent, and prohibits state agencies or courts from requiring any mandatory or technical form for notices or pleadings in these actions.
Plain English — not legal advice.
Under A.R.S. § 33-361, compliant operators generally track rent due dates carefully, since the statute permits a court action for possession once rent is five or more days in arrears — or immediately upon a lease violation — without requiring a formal prior demand. Operators who pursue possession typically file an action that can be set for trial within five to thirty days, and they may also seek damages, attorney fees, and costs through the same proceeding. Landlords who need to secure unpaid rent should be aware that § 33-361(D) authorizes a lien on and seizure of non-exempt tenant personal property on the premises, with a sixty-day window before a sale of seized property may proceed under § 33-1023.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
A.R.S. § 33-361 governs the circumstances under which a landlord may seek to recover possession of a rental unit, including situations where rent is five or more days past due or a lease provision has been violated. Tenants facing a possession action under this statute have the right to appear in court — where the matter must be heard within five to thirty days of filing — and to contest both the right to possession and any claimed damages or fees. Tenants who receive a judgment against them and wish to appeal must post a bond as described in § 33-361(C); those seeking to understand their options in such proceedings may benefit from consulting a tenant-rights organization or legal aid provider familiar with Arizona landlord-tenant law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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