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 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 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 is 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
A landlord can deliver notices in Arizona using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Mailing the notice by certified or registered mail with a return receipt.
When sending the notice by certified or registered mail, add five (5) additional calendar days to the notice period or the number of days until the notice is received by Tenant, whichever occurs first , as required by law.
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 & 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 Conduct |
| 10 Day Notice to Comply or Vacate | Eviction for Falsification of Employment Information or Total Number of Persons Occupying the Rental Unit |
| 10 Day Notice to Vacate | Eviction for Falsification of Criminal History/Eviction Record |
| 30 Day Notice to Vacate | Ending a Monthly Lease |
Sources
- 1 AZ Rev Stat § 33-1313
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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.
Source Link - 2 AZ Rev Stat § 33-1313
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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.
Source Link
