Ariz. Rev. Stat. § 33-1485
Special detainer actions; service; trial postponement
Operative Text
A. Special detainer actions shall be instituted for remedies prescribed in section 33-1476, subsection D, paragraph 3. 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 that is at least three days but not more than six 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 shall be 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 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. If after the hearing the court finds by a preponderance of the evidence that the material and irreparable breach did occur, the court shall order restitution in favor of the plaintiff at least twelve but not more than twenty-four hours later. E. 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 and shall grant a writ of restitution. F. 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.
A.R.S. § 33-1485 establishes the procedural framework for special detainer actions, which are an expedited court process used to address certain serious lease violations under Arizona's residential landlord-tenant law. The summons must be issued the same day the complaint is filed and requires the tenant to appear within three to six days, with specific rules governing how service can be accomplished. If the court finds a material and irreparable breach occurred, it must order restitution within twelve to twenty-four hours after the hearing, and the outcome—whether for the landlord or tenant—determines who receives a judgment for costs, unpaid rent, and possession of the premises.
Plain English — not legal advice.
Property owners and managers pursuing a special detainer action under A.R.S. § 33-1485 generally ensure the complaint is filed promptly and that the summons is issued on the same day, since the tight timeline for service and trial is set by statute. Compliant operators are careful to follow the prescribed service methods—personal service, conspicuous posting at the main entrance, and certified mail to the tenant's last known address—because proper service is what allows a court to award a money judgment for rent, damages, costs, and attorney fees. If a trial postponement is needed, operators are aware that A.R.S. § 33-1485(C) limits any delay to three days in justice court or five days in superior court, and only when supported by a sworn affidavit showing good cause.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under A.R.S. § 33-1485, tenants named in a special detainer action have the right to appear and answer the complaint at the scheduled hearing, which must be set at least three days from the date of the summons. If a tenant is found not guilty, the court is required to enter judgment in the tenant's favor for costs, and if the landlord has already taken possession of the unit, the court must issue a writ of restitution returning the premises to the tenant. Tenants who receive a summons in a special detainer proceeding may benefit from consulting a tenant-rights organization or legal aid provider to understand the hearing process, available defenses, and the appeal rights that apply 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.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.