Ariz. Rev. Stat. § 33-1377
Special detainer actions; service; trial postponement
Operative Text
A. Special detainer actions shall be instituted for remedies prescribed in section 33-1368. Except as provided in this section, the procedure and appeal rights prescribed in title 12, chapter 8, article 4 apply to special detainer actions. B. The summons shall be issued on the day the complaint is filed and shall command the person against whom the complaint is made to appear and answer the complaint at the time and place named which shall be not more than six nor less than three days from the date of the summons. The tenant is deemed to have received the summons three days after the summons is mailed if personal service is attempted and within one day of issuance of the summons a copy of the summons is conspicuously posted on the main entrance of the tenant's residence and on the same day the summons is sent by certified mail, return receipt requested, to the tenant's last known address. The summons in a special detainer action shall be served at least two days before the return day and the return day made on the day assigned for trial. Service of process in this manner shall be deemed the equivalent of having served the tenant in person for the purposes of awarding a money judgment for all rent, damages, costs and attorney fees due. C. For good cause shown supported by an affidavit, the trial may be postponed for not more than three days in a justice court or five days in the superior court. D. In addition to determining the right to actual possession, the court may assess damages, attorney fees and costs as prescribed by law. E. If a complaint is filed alleging a material and irreparable breach pursuant to section 33-1368, subsection A, the summons shall be issued as provided in subsection B of this section, except that the trial date and return date shall be set no later than the third day following the filing of the complaint. If after the hearing the court finds by preponderance of the evidence that the material and irreparable breach did occur, the court shall order restitution in favor of the plaintiff not less than twelve nor more than twenty-four hours later. F. If the defendant is found guilty, the court shall give judgment for the plaintiff for restitution of the premises, for late charges stated in the rental agreement, for costs and, at the plaintiff's option, for all rent found to be due and unpaid through the periodic rental period provided for in the rental agreement as described in section 33-1314, subsection C and shall grant a writ of restitution. G. If the defendant is found not guilty, judgment shall be given for the defendant against the plaintiff for costs, and if it appears that the plaintiff has acquired possession of the premises since commencement of the action, a writ of restitution shall issue in favor of the defendant.
Arizona Revised Statutes § 33-1377 establishes the procedural framework for 'special detainer' eviction actions, which are the legal proceedings landlords use to recover possession of a rental unit. Under this provision, a summons must be issued the same day a complaint is filed and must set a hearing date between three and six days out, with specific rules governing how service can be accomplished—including posting and certified mail as an alternative to personal service. If a tenant is found guilty, the court may award the landlord possession, unpaid rent, late charges, costs, and attorney fees; if the tenant prevails, the court awards costs to the tenant and, if the landlord has already retaken the premises, may order them restored to the tenant.
Plain English — not legal advice.
Property owners and managers pursuing eviction under A.R.S. § 33-1377 generally ensure that the complaint and summons are filed and issued on the same day, and that service is completed at least two days before the scheduled hearing. Compliant operators document all service attempts carefully, particularly when using the posting-and-certified-mail method, since that method carries legal weight equivalent to personal service for purposes of obtaining a money judgment. When a material and irreparable breach is alleged under § 33-1368(A), operators are aware that the hearing must be set within three days of filing and that restitution, if ordered, follows within twelve to twenty-four hours of the court's finding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under A.R.S. § 33-1377, tenants facing a special detainer action have the right to appear and answer the complaint at the scheduled hearing, which must be set no more than six days from the date of the summons. Tenants should be aware that service by posting on the main entrance combined with certified mail is treated as legally equivalent to personal service, meaning a money judgment for rent, damages, and fees can be entered even without hand-delivery. Tenants who believe the eviction is improper may raise defenses at the hearing, and those found not guilty are entitled to a judgment for costs—and potentially a court order restoring possession if the landlord has already retaken the unit; tenant-rights organizations can help explain available options under this provision.
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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