In Arizona, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Arizona?
In Arizona, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Arizona?
In Arizona, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 5 Day Notice To Quit, the eviction notice used for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no grace period for paying rent in Arizona, rent is late starting the day after it’s due.
An Immediate Notice To Vacate is the eviction notice used for tenants that commit violent crimes on the premises. A landlord may choose to serve this notice on a judicial day to file a special detainer action at the courthouse, but this is not required and the notice may be served on any day.
Acceptable Forms of Service in Arizona
Arizona landlords may deliver an initial written eviction notice by any method which effectively brings the information to the tenant’s attention. The law presumes the following methods are valid:
- Hand delivery to the tenant
- Delivery by registered or certified mail to the tenant’s address of record or (if unknown) last known residence
Mailed notice is considered served when actually received or five days after the date the notice is mailed, whichever is sooner.
Obtaining Proof of Service in Arizona
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Certified or Registered Mail – via return receipt and by completing a Declaration of Service after mailing
Arizona Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 5 Day Notice To Quit | Eviction for Unpaid Rent |
| 5 Day Notice To Comply or Vacate | Eviction for a Health/Safety Violation |
| 10 Day Notice of Noncompliance | Eviction for Repetitive Conduct |
| Immediate Notice To Vacate | Eviction for Illegal Activity |
| 10 Day Notice To Comply or Vacate | Eviction for Falsifying Information on Rental Application |
| 10 Day Notice To Vacate | Eviction for Falsifying Criminal / Eviction History |
| 10 Day Notice To Terminate Tenancy | Ending a Weekly Lease |
| 30 Day Notice To Vacate | Ending a Monthly / Yearly Lease |
Sources
- 1 Ariz. Rev. Stat. § 33-1313
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A. A person has notice of a fact if he has actual knowledge of it, has received a notice or notification of it or from all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person “knows” or “has knowledge” of a fact if he has actual knowledge of it. B. A person “notifies” or “gives” a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person “receives” a notice or notification when it comes to his attention, or in the case of the landlord, it is delivered in hand or mailed by registered or certified mail to the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communication or delivered to any individual who is designated as an agent by section 33-1322 or, in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication or, in the absence of such designation, to his last known place of residence. If notice is mailed by registered or certified mail, the tenant or landlord is deemed to have received such notice on the date the notice is actually received by him or five days after the date the notice is mailed, whichever occurs first. C. “Notice,” knowledge or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting the transaction and in any event from the time it would have been brought to his attention if the organization had exercised reasonable diligence.
