12-1175. Complaint and answer; service and return; notice and pleading requirements
A. When a party aggrieved files a complaint of forcible entry or forcible detainer, in writing and under oath, with the clerk of the superior court or a justice of the peace, summons shall issue no later than the next judicial day.
B. The complaint shall contain a description of the premises of which possession is claimed in sufficient detail to identify them and shall also state the facts that entitle the plaintiff to possession and authorize the action.
C. The summons shall be served at least two days before the return day, and return made thereof on the day assigned for trial.
D. Notwithstanding any other law, an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer.
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 1986–2024 · leading case:
Rapp v. Olivo, 718 P.2d 489 (Ariz. Ct. App. 1986).
Rapp v. Olivo, 718 P.2d 489 (Ariz. Ct. App. 1986).
· cites it 2× “The trial court agreed with the tenants that the landlord’s complaint was defective in failing to describe the premises of each tenant for which he was seeking possession as required by A.R.S. § 12-1175(B) a section of the forcible entry and detainer statute.”
Curtis v. Morris, 909 P.2d 460 (Ariz. Ct. App. 1996).
“A (1994) (trial date must be set no more than five days from filing of complaint); A.”
Wholesale v. Montoya (Ariz. Ct. App. 2024).
· cites it 2× “See A.R.S. § 12-1175(D).2 As relevant to Residents’ claim, Eviction Rule 5(b)(7) requires a complaint to state that “the specific reason for the eviction; that the defendant was served a proper notice to vacate, if applicable; the date the notice was served; and what manner of…”
— Ariz. Rev. Stat. § 12-1175(B) — 1 case
Rapp v. Olivo, 718 P.2d 489 (Ariz. Ct. App. 1986).
“The trial court agreed with the tenants that the landlord’s complaint was defective in failing to describe the premises of each tenant for which he was seeking possession as required by A.R.S. § 12-1175(B) a section of the forcible entry and detainer statute.”
— Ariz. Rev. Stat. § 12-1175(D) — 1 case
Wholesale v. Montoya (Ariz. Ct. App. 2024).
“See A.R.S. § 12-1175(D).2 As relevant to Residents’ claim, Eviction Rule 5(b)(7) requires a complaint to state that “the specific reason for the eviction; that the defendant was served a proper notice to vacate, if applicable; the date the notice was served; and what manner of…”
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