Choosing the Right Case in Pima County
The eviction track is for getting the unit back. Once possession isn't at issue, the balance belongs in a money case.
| Case type | Limit | Use it for |
|---|---|---|
| Eviction (special detainer) | Money claim up to $10,000 alongside possession | A resident still in the unit |
| Small claims | $5,000 | A smaller post-move-out balance; informal and faster |
| Regular civil | $10,000 | A larger post-move-out balance |
| Superior Court | Above $10,000 | Balances beyond the justice court's limit |
Don't file an eviction just to collect money from someone who has already left. The Pima County Consolidated Justice Court at 240 N. Stone handles Tucson-area evictions and limited-jurisdiction civil cases in one place, which makes venue simpler than in Maricopa County.
Filing an Eviction in Tucson
Pima's packet asks for more ledger history than many landlords expect.
Use the county's eviction complaint and summons packet. Each named defendant must be served with the complaint, summons, the Residential Eviction Information Sheet and the lease, and for nonpayment the packet also requires an accounting of charges and payments for the preceding six months. Service has to be done by a constable or a registered private process server, and proof of service must reach the court before the hearing.
The clerk sets the first hearing 3 to 6 business days after filing. If the case is decided that day, judgment comes within about a week. An ordinary writ of restitution can then issue five days after judgment, or within 12 to 24 hours for an irreparable breach. The landlord has to request the writ, and only a constable can execute it. On paper, that's roughly 8 to 13 calendar days from filing to writ eligibility, plus the constable's queue. Pima doesn't publish a median from filing to lockout, and continuances, service problems, bankruptcy, SCRA relief or an appeal all extend it.
Filing a Debt Case After Move-Out
The money track runs on answer and default deadlines, so it takes weeks, not days.
- Regular civil (up to $10,000). File the civil complaint packet and serve every defendant within 90 days. A defendant served in Arizona has 20 days to answer, or 30 if served out of state. If there's no answer, apply for default, mail it, wait ten business days, then request default judgment with the lease, ledger, invoices, photos and deposit accounting. Most defaults are decided without a hearing.
- Small claims (up to $5,000). Can be started online. The defendant has 20 days to answer, and if they do, the court sets a hearing within 60 days.
Even uncontested, a debt case can't reach default judgment until the 20-day answer period and the ten-business-day default period have both run. A contested small claim can take the service period plus up to 80 more days. That's the main reason to place a move-out balance with an agency early, before addresses go stale.
2026 Pima County Fees
The filing fees are clear. The writ fee isn't, because the county publishes two different numbers.
| Step | Amount | Note |
|---|---|---|
| Eviction complaint | $71 | $41 statutory + $10 automation + $20 court operations |
| Regular civil complaint | $116 | $86 statutory + $10 + $20 |
| Small-claims complaint | $60 | $30 statutory + $10 + $20 |
| Application for default judgment | $33 | |
| Writ issuance | $38 or $43 | Conflict between county sources; $43 is the safer figure |
| Constable writ surcharge | $10 per writ | Raised from $5 under a 2026 county ordinance |
| Constable execution of a restitution writ | $48 + $40 per hour after three hours + mileage | Statewide sheriff and constable rate |
The civil unit fee schedule effective December 28, 2024 lists $38 for writ issuance, while the court's live forms page lists $43 for both the writ of restitution and writ of execution. Confirm with the clerk before paying. Also don't confuse the Pima County Sheriff's $300 writ deposit with a writ fee: it's a deposit that gets reconciled, and justice-court restitution writs ordinarily go to the constable anyway.
Tucson's Source-of-Income Ordinance
This rule changes how you screen and advertise. It doesn't change what a resident owes.
Inside city limits, Tucson's housing discrimination rules protect lawful source of income. Landlords can't reject an applicant solely because income comes from a Housing Choice Voucher, rapid rehousing, or other public assistance, and the definition also covers child support, Social Security, disability and veterans' benefits. According to the Arizona Attorney General's review, the city's position is that the ordinance doesn't force rent reductions, dictate eviction terms, or require continued leasing to a voucher holder who doesn't pay.
In practice: apply the same written screening formula to every applicant, count lawful assistance consistently, remove any "no Section 8" language, and make sure every collection or eviction decision rests on the ledger or a lease breach. For what you can and can't recover from a voucher tenant, see our guide to collecting unpaid rent from Section 8 tenants.
Eviction Prevention and Rental Assistance
More Tucson tenants show up with help, and that can work in your favor.
Pima County's Emergency Eviction Legal Services provides navigation for landlords and tenants and free counsel to tenants at or below 80% of area median income. The county reports it has served more than 7,300 households since 2021, and its FY2027 budget continued funding. Expect a navigator or tenant lawyer to ask for documentation and time to arrange assistance. A verified payment commitment often recovers more than a judgment against someone with nothing to collect.
The large pandemic-era rental assistance program is closed. Current county help for rent and utilities is limited, grant-dependent and not guaranteed. The city reported 19 households receiving $60,971.85 through its Eviction Prevention Grant in 2025, so treat assistance as targeted, not a general arrears fund.
University of Arizona Rentals
Student leases change who owes what, and the summer exodus changes how fast you need to act.
Most Tucson apartments use 12-month leases, but properties near campus also offer 9-, 10- and 11-month terms, individual by-the-bedroom leases and roommate matching. The student cycle shows up in the data too: PICOR reported the University submarket's sharpest occupancy drop in Q2 2025, tied to student turnover.
- Match the demand to the lease. An individual lease isolates each student's rent and damage. A joint lease makes every tenant liable for the full balance only if the contract clearly says so. Don't split or combine roommate balances by default.
- Get a real guaranty. A separately signed guaranty should cover rent, utilities, damage, renewals, holdover, collection costs and post-move-out charges. A parent listed as an emergency contact isn't a guarantor.
- Keep bedroom-level evidence. Inspection photos, move-in condition forms and written allocation agreements, especially for common-area damage on individual leases.
- Move before May. Collect forwarding and permanent home addresses, guarantor contacts and inspection evidence before the mid-May move-out wave. Send the final ledger to every liable student and guarantor at once, and file before graduates or international students leave Arizona.
Davis-Monthan and the SCRA
Screen every file for military status before seeking a default or a lockout.
Under the Servicemembers Civil Relief Act, a servicemember who signed before entering service, or who later gets permanent change of station or deployment orders of at least 90 days, can end a residential lease with written notice and a copy of the orders. For monthly rent, termination takes effect 30 days after the next rent due date. You can collect prorated rent and legitimate charges due before then, including excess wear, but not an early-termination penalty or a disguised concession recapture.
The SCRA also bars eviction of a protected servicemember or dependent without a court order and can require a 90-day stay when service affects the ability to pay. Keep the orders, the notice, the effective-date calculation and the inspection evidence in the file, and before any default, use the Defense Department's status check and file the military-status affidavit. A Davis-Monthan address or an application checkbox isn't enough.
Tucson Market Conditions
One consistent quarterly series shows Tucson softening through 2025, then improving in 2026.
| Quarter | Average rent per unit | Vacancy | New deliveries |
|---|---|---|---|
| Q4 2024 | $1,178 | 8.43% | 255 |
| Q4 2025 | $1,130 | 9.56% | 603 |
| Q1 2026 | $1,142 | 8.75% | 297 |
| Q2 2026 | $1,149 | 7.70% | 372 |
PICOR's Q2 2026 report also counted more than 7,500 units in the development pipeline, so concessions and turnover costs are likely to stay elevated. On evictions, Pima County had 12,904 filings in FY2024, or 118.8 per 10,000 residents, according to the Morrison Institute's county profile of Arizona court data, and the Legal Services Corporation tracker shows 1,044 filings in June 2026 alone. Filings measure court activity, not a delinquency rate.
Tucson vs. Phoenix
The state deadlines are the same. What differs is court structure, a few dollars of fees, and volume.
| Issue | Tucson (Pima) | Phoenix (Maricopa) |
|---|---|---|
| Court structure | One consolidated justice court | 26 justice-court precincts |
| Eviction complaint | $71 | $69 |
| Regular civil complaint | $116 | $114 |
| Small-claims complaint | $60 | $58 |
| Writ of restitution | $38 or $43 issuance, plus constable execution | $125 including the first six miles |
| First hearing | 3 to 6 business days after filing | No comparable published figure |
| Writ eligibility | 5 days after judgment; 12 to 24 hours for irreparable breach | Same |
| Source-of-income rule | Yes, inside city limits | Yes, inside city limits |
| FY2024 eviction filings | 12,904 (118.8 per 10,000) | 87,094 (184.3 per 10,000) |
Neither county publishes a comparable end-to-end median, so it isn't accurate to call Tucson faster or slower. For the Maricopa side, see our Phoenix guide.
Frequently Asked Questions
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How much does it cost to file an eviction in Tucson?
As of 2026 the eviction complaint fee at the Pima County Consolidated Justice Court is $71. A writ of restitution adds an issuance fee the county publishes as either $38 or $43, a $10 constable surcharge, and the constable's execution charge.
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How fast is an eviction in Pima County?
The court sets the first hearing 3 to 6 business days after filing, and an ordinary writ of restitution can issue five days after judgment. A clean case reaches writ eligibility in roughly 8 to 13 calendar days, plus the constable's scheduling.
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Can I use an eviction case to collect from a tenant who already moved out?
No. Once possession isn't at issue, file a small claim for balances up to $5,000 or a regular civil case up to $10,000. Balances above $10,000 go to Pima County Superior Court.
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Does Tucson's source-of-income ordinance stop me from evicting a voucher tenant?
No. It bars rejecting applicants because of lawful income sources like vouchers. You can still enforce the lease and collect the tenant's share, as long as the decision rests on the ledger or a lease breach.
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Are parents liable for a University of Arizona student's unpaid rent?
Only if they signed a guaranty that covers it. Being listed as an emergency contact or paying rent informally doesn't make a parent liable.
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Can a Davis-Monthan servicemember break a lease without a penalty?
Yes, under the SCRA, with qualifying orders and written notice. You can collect rent and legitimate charges that accrued before the termination took effect, but not an early-termination fee.