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  • Plaintiff Instructions - Eviction

    Pre-Filing Requirements

    Before filing an eviction action, notice must be given to the tenant describing the breach and giving the tenant an opportunity to rectify the problem.  The type of notice and time the tenant has to fix the problem depends on the nature of the allegation. (These time standards are different for tenants renting a space in a mobile home park.) .  Below is notice requirements for the various types of allegations:

    Non‐Payment of Rent

    Before a lawsuit requesting that the tenant be evicted for non‐payment of rent can be filed, the tenant must be given a five‐day notice and an opportunity to pay the amount due in full. The eviction lawsuit can be filed on or after the sixth calendar day.

    Material Non-Compliance

    If the landlord alleges a material noncompliance with the lease, (e.g. violating the rules of the apartment complex, unauthorized pets) then the landlord must give the tenant a ten‐day notice and an opportunity to come into compliance with the terms of the lease. The eviction lawsuit can be filed on or after the eleventh day.

    Material Non‐Compliance Affecting Health and Safety

    If the landlord alleges a material noncompliance with the lease that affects health and safety, then the landlord must give the tenant a five‐day notice and an opportunity to come into compliance with the terms of the lease. The eviction lawsuit can be filed on or after the sixth day.

    Material and Irreparable Breach

    If the landlord alleges that the tenant has committed a material and irreparable breach, then the landlord can deliver a notice of immediate termination of the rental agreement. The lawsuit requesting an eviction can be filed on the same day. Examples of a material and irreparable breach include but are not limited to gang activity, the discharge of a weapon on the premises or inflicting serious bodily harm on another.
    The notice may be hand-delivered to the tenant or mailed by registered or certified mail.  If the notice was mailed by certified or registered mail, add an additional 5 days before filing the lawsuit. The notice time periods are mandatory and your case may be dismissed if you file too early.

    Filing the Lawsuit

    Complete the Eviction Action summons and complaint. The form is available on our website or at the courthouse.   File the summons and complaint at the customer service window and pay the required filing fee. The clerk will create a case and provide a court date within 3 to 6 business days.Serving the Tenant with the

    Serving the Tenant with the Summons/Complaint

    After the clerk has assigned a case number and court date and time, the tenant must be served. The summons and complaint and the residential eviction information sheet must be served by a constable or process server. You can contact the constable at 740‐5442 or search for private process servers in the yellow pages. You will have to pay a fee for the service. After the tenant has been served, the process server must file proof of service with the court prior to your court date.

    If the Case Settles before the Hearing

    If the tenant pays the rent due, moves out, or has settled the dispute at least one day before the hearing date, you must file a dismissal with the court and give the tenant a copy. The hearing date will be vacated and the case will be closed.  

    Additional Information for the Landlord

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    Justice Court - Green Valley

    601 N. La Cañada Drive
    Green Valley, AZ 85614

    Phone: (520) 222-0200
    Fax: (520) 648-2235 


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