Ariz. Rev. Stat. § 12-1179

Appeal to superior court; notice; bond

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/8/2026ArizonaEviction & Just Cause

Operative Text

Ariz. Rev. Stat. § 12-1179
A. Either party may appeal from a justice court to the superior court in the county in which the judgment is given by giving notice as in other civil actions within five calendar days after rendition of the judgment pursuant to this section. The appeal shall be filed in accordance with this section, and the time to appeal shall not be extended or otherwise affected by the filing of a motion to set aside or vacate the judgment or similar motion.

B. A party seeking to appeal a judgment shall file with the notice of appeal a bond for costs on appeal. The justice of the peace shall set the bond in an amount sufficient to cover the costs on appeal. The bond shall be payable to the clerk of the justice court. If a party is unable to file a bond for costs on appeal, the party shall file with the justice court a notice of appeal along with an affidavit stating that the party is unable to give bond for costs on appeal and the reasons therefor. Within five court days after the filing of the affidavit, any other party may file, in the justice court, objections to the affidavit. The justice of the peace shall hold a hearing on the affidavit and objections within five court days thereafter. If the justice court sustains the objections, the appellant shall file, within five court days thereafter, a bond for costs on appeal as provided for in this section or in such lesser amount as ordered by the justice court.

C. A party seeking to appeal a judgment may stay the execution of either the judgment for possession or any judgment for money damages by filing a supersedeas bond. The justice court shall hold a hearing on the motion within five court days after the parties advise the justice court of their failure to stipulate on the amount of the bond. The stay is effective when the supersedeas bond or bonds are filed.

D. The party seeking to stay the execution of the judgment for possession shall file a supersedeas bond in the amount of rent accruing from the date of the judgment until the next periodic rental date, together with costs and attorney fees, if any. The tenant shall pay to the clerk of the justice court, on or before each periodic rental due date during the pendency of the appeal, the amount of rent due under the terms of the lease or rental agreement. Such amounts shall be made payable by the justice court to the owner, landlord or agent as they accrue to satisfy the amount of periodic rent due under the lease or rental agreement. In all cases where the rent due under the terms of the lease or rental agreement is paid through the justice court as set forth in this subsection, the order of the court may include a one-time handling fee in the amount of ten dollars to be paid by the party seeking to stay the execution of the judgment for possession. In no event shall the amounts paid per month exceed the amount of monthly rent charged by the owner for the premises. If the tenant raises habitability as provided for in sections 33-1324 and 33-1364 as an affirmative defense to the nonpayment of rent or the tenant has filed a counterclaim asserting a habitability issue, the justice court shall retain all money paid under this subsection pending a final judgment.

E. If during the pendency of the appeal the party seeking to stay the execution of the judgment for possession fails to pay the rent on the periodic rental due date, the party in whose favor a judgment for possession was issued may move the justice court to lift the stay of the execution of the judgment for possession. The justice court shall hear the motion to lift the stay of the execution of the judgment for possession and release accrued monies, if any, within five court days from the failure of the party to pay the periodic rent due under the terms of the lease or rental agreement. If the judgment appealed from involves a finding of a material and irreparable breach pursuant to section 33-1368 or section 33-1476, subsection D, paragraph 3 the justice court shall treat it as an emergency matter and conduct a hearing on a motion to lift the stay of execution of the writ of restitution within three days. If the third day is a Saturday, Sunday or other legal holiday, the hearing shall be held on the next day thereafter.

F. The party seeking to stay the execution of the judgment for money damages shall file a supersedeas bond in the amount of the judgment, together with costs and attorney fees, if any. The amount of the bond shall be fixed by the court and payable to the clerk of the justice court.
Source: Legislative text reproduced verbatim
Plain English

Under A.R.S. § 12-1171 et seq. § 12-1179, either party in an eviction or related justice court case may appeal the judgment to the superior court, but must do so within five calendar days of the judgment and must file a bond for appeal costs. A party who cannot afford the bond may file an affidavit explaining the inability, which the opposing party may challenge and the court will review. A party wishing to pause enforcement of a possession or money judgment during the appeal may do so by filing a supersedeas bond, and a tenant staying a possession judgment must continue paying rent through the justice court on each periodic due date while the appeal is pending.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 9, 2026

Plain English — not legal advice.

For Property Managers

A.R.S. § 12-1171 et seq. § 12-1179 gives landlords the right to appeal an unfavorable justice court judgment to the superior court within five calendar days, and to oppose a tenant's affidavit of inability to post a cost bond by filing written objections within five court days. When a tenant has obtained a stay of a possession judgment by filing a supersedeas bond, compliant landlords monitor whether the tenant is making required periodic rent payments through the justice court clerk, since a missed payment triggers the right to move the court to lift the stay. Landlords generally keep records of the lease rental amount and any accrued costs and attorney fees, as those figures determine the bond amounts set under this section.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

A.R.S. § 12-1171 et seq. § 12-1179 gives tenants the right to appeal a justice court judgment to the superior court within five calendar days and to seek a stay of a possession judgment by filing a supersedeas bond, which pauses eviction enforcement while the appeal proceeds. Tenants who cannot afford the cost bond may file an affidavit of inability with the justice court, though the landlord may object and a hearing will be held. Tenants who raise habitability as a defense or counterclaim should be aware that rent payments made through the court during the appeal are held by the court pending final judgment; tenant-rights organizations can help explain the implications of this provision and the available procedural paths.

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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 8, 2026
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References Out

Rules and statutes cited by this regulation

A.R.S. § 33-1324
Not yet ingested
A.R.S. § 33-1368
Not yet ingested
A.R.S. § 33-1476
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

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