What is an “Immediate Eviction Action”?

The word “eviction” often brings to mind a long, drawn-out legal process. However, in certain situations, Arizona law allows for a faster process known as an "immediate eviction action." This is a powerful legal tool, but its use is reserved for only the most serious lease violations. For both landlords and tenants, understanding when this action can be taken is critical to protecting their rights and property.

Let's dive in.

An immediate eviction, also called a "material and irreparable breach," is the landlord's fastest legal path to reclaim their property. But it can only be used when a tenant's actions are so severe that they have permanently broken the rental agreement in a way that cannot be fixed or "cured."

What Qualifies for an Immediate Eviction?

The Arizona Residential Landlord and Tenant Act is very specific about what constitutes a "material and irreparable breach." According to Arizona Revised Statute (ARS) § 33-1368(A), these actions include, but are not limited to:

• Illegal discharge of a weapon on the premises.
• Homicide or other serious violent crimes.
• Prostitution on the premises.
• Criminal street gang activity.
• Unlawful manufacturing, selling, using, storing, or giving of a controlled substance.
• Acts that threaten or intimidate others and jeopardize the safety of the landlord, their agents, or other tenants.
• Inflicting serious bodily harm.

Essentially, any criminal activity or behavior that presents a clear and present danger to the health and safety of others at the property can be grounds for this type of eviction.

What Does NOT Qualify?

It is equally important to understand what does not rise to the level of an immediate eviction. These issues, while serious, must follow the standard eviction process:

• Non-payment of rent: This requires a 5-day notice to pay or quit.
• Unauthorized pets or occupants: This typically requires a 10-day notice to cure the violation.
• General property damage or maintenance issues: These also fall under the 10-day notice requirement, giving the tenant a chance to fix the problem.
• Noise complaints that do not involve threats or intimidation.

A landlord cannot use the immediate eviction process as a shortcut for typical lease violations. If they try, the judge will dismiss the case.

How the Timeline Differs

The primary difference between a standard and an immediate eviction is speed.

• Standard Eviction (e.g., for non-payment): The process begins with a notice giving the tenant a set number of days (5 or 10) to either pay the rent or fix the violation. If the tenant doesn't comply, the landlord can then file a lawsuit. A court date is typically set within a week or two, and the entire process can take several weeks from the initial notice to a final judgment.
• Immediate Eviction: There is no "cure" period. The landlord can issue a "Notice of Immediate Termination" and file a special detainer action with the court on the same day. Under ARS § 33-1377(E), the court hearing must be set no later than the third day following the filing of the complaint. If the judge finds in favor of the landlord, a writ of restitution (the order for the tenant to be physically removed) can be issued in as little as 12 to 24 hours after the judgment.

The Burden of Proof: "Preponderance of the Evidence"

In any eviction hearing, the landlord has the "burden of proof," meaning they must prove their case to the judge. However, unlike in a criminal case where the standard is "beyond a reasonable doubt," the standard in a civil eviction hearing is a "preponderance of the evidence."

This means the landlord only needs to show that it is more likely than not that the material and irreparable breach occurred. They must present credible evidence—such as police reports, witness testimony, photographs, or videos—that convinces the judge their claims are true. The tenant, in turn, has the right to present their own evidence and witnesses to dispute the landlord's claims. The judge then weighs the evidence from both sides to make a ruling.

For both landlords and tenants, the immediate eviction process is a serious matter with significant consequences. Understanding the specific laws and procedures that govern it is the best way to navigate this challenging situation.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Landlord-tenant laws can be complex, and this information may not cover all aspects of your specific situation. You should consult with a qualified attorney for advice regarding your individual circumstances.

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