An Arizona eviction notice form for nonpayment of rent is a written document that states a tenant has 5 days [ttip number=’1′ icon=’popover-balance’] to pay the rent or to vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Arizona.
Types of Arizona Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
| Grounds | Time | Curable? |
|---|---|---|
| Unpaid Rent | 5-Day | Yes |
| Lease Violation | 10-Day | Yes |
| Lease Termination | 10/30-Day | No |
| Material Health/Safety Violation | 5-Day | Yes |
| Illegal Activity | Immediately | No |
5-Day Notice to Pay (Nonpayment of Rent)
A landlord is allowed to evict a tenant for failing to pay rent on time.
In Arizona, rent is considered late the day after it’s due. Grace periods (if any) are addressed in the rental agreement/lease.
Once rent is past due, the landlord must provide tenants with a 5-Day Notice to Pay prior to filing an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 5 days [ttip number=’1′ icon=’popover-balance’] to avoid eviction.
If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.
The Notice for Nonpayment of Rent should include: [ttip number=’1′ icon=’popover-balance’]
- The total amount of past-due rent owed;
- That the tenant can pay the full amount owed and avoid eviction;
- When all past-due rent must be paid; and
- The date the tenancy will terminate if rent is not paid by the deadline.
Get the downloadable 5-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
10-Day Notice to Cure or Vacate (Non-Compliance)
A tenant can be evicted in Arizona if they do not uphold their responsibilities under the terms of a written lease or rental agreement.
Arizona landlords must provide tenants with a 10-Day Notice to Comply, giving the tenant 10 days [ttip number=’3′ icon=’popover-balance’] to correct the issue to avoid eviction.
Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.
In addition, in Arizona this includes putting false/misleading information on the rental application which may include the following: [ttip number=’4′ icon=’popover-balance’]
- The number people and pets living in the rental unit.
- Tenant’s income.
- Tenant’s social security number.
- Tenant’s current employer and employment status.
- Tenant’s criminal history and current criminal activity.
- Tenant’s prior eviction history.
False/misleading information related to eviction history and criminal history/current criminal activity cannot be corrected by the tenant in order to avoid eviction.
Note that illegal activity and material health/safety violations are not included in this category.
If the tenant fails to correct the issue within the deadline and remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice must include: [ttip number=’3′ icon=’popover-balance’]
- The specific lease violation(s).
- The remedy the tenant must perform to correct the issue.
- The date the lease will terminate if the tenant doesn’t comply within the deadline.
Get the downloadable 10-Day Eviction Notice for Noncompliance form template below (.pdf direct link).
10/30-Day Lease Termination Notice (No Lease/End of Lease)
In the state of Arizona, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew the tenancy.
If rent is paid on a week-to-week basis, a landlord must provide the tenant with 10 days’ [ttip number=’5′ icon=’popover-balance’] written notice if they want to terminate the lease, or 30 days’ [ttip number=’5′ icon=’popover-balance’] written notice for monthly tenants.
The notice should include the date the tenancy will terminate.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Get the downloadable 10/30-Day Lease Termination Notice form template below (.pdf direct link).
5-Day Notice to Cure or Vacate (Material Health/Safety Violation)
A tenant can be evicted in Arizona if they violate a health, building, safety, or housing code. In these instances, the landlord is required to provide the tenant with a 5-Day Notice to Comply, giving the tenant 5 days [ttip number=’6′ icon=’popover-balance’] to correct the issue.
Examples of material health/safety violations could include letting trash pile up inside the rental unit, providing a harbor for rodents or bugs, or even things like damaging the electrical wiring in the rental unit.
If the tenant fails to correct the issue and remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice must include: [ttip number=’6′ icon=’popover-balance’]
- The specific lease violation(s).
- What the tenant can do to remedy the violation.
- The date the lease will terminate if the tenant doesn’t comply within the deadline.
Get the downloadable 5-Day Eviction Notice for Material Health/Safety Violation form template below (.pdf direct link).
Unconditional Eviction Notice (Illegal Activity)
Arizona landlords are required to give written notice to tenants who are involved in illegal activity prior to beginning the eviction process. Arizona landlords may give the tenant an unconditional quit notice, this means that the lease is terminated immediately without any opportunity to remedy the situation or problem.
In Arizona, illegal activity includes: [ttip number=’7′ icon=’popover-balance’]
- Illegal discharge of a weapon;
- Homicide;
- Prostitution;
- Assault;
- Criminal street gang activity;
- Threats or intimidation;
- Creating or allowing a nuisance;
- Manufacturing, selling, transferring, possessing, using or storing a controlled substance;
- Endangering [ttip number=’8′ icon=’popover-balance’] the health, welfare, safety of the landlord, landlord’s agent or another tenant; or
- Causing serious [ttip number=’8′ icon=’popover-balance’] property damage.
Get the downloadable Unconditional Eviction Notice for Illegal Activity form template below (.pdf direct link).
What to Include in Arizona Eviction Notices
Under Arizona law, a landlord is expected to provide some basic information on all eviction notices, including: [ttip number=’1′ icon=’popover-balance’]
- The date the tenancy will terminate; and
- The reason for the eviction.
Additional information is required depending on the reason for the eviction, and is addressed under each notice type below.
It may also be a good idea to ensure that the notice includes the name and contact information of the person being evicted, just to be sure the correct person receives the notice.
The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.
In addition, the landlord should keep the receipt number if the notice was delivered by certified or registered mail.
Delivering Eviction Notices in Arizona
In the state of Arizona, landlords can deliver an eviction notice by: [ttip number=’2′ icon=’popover-balance’]
- Giving it to the tenant in person; or
- Mailing the notice to the tenant via certified or registered mail.
The notice can be mailed to the tenant’s last known address if a current address is unknown.
Eviction Process in Arizona
- An eviction notice is posted by the landlord to correct the issue or vacate.
- If the tenant does not cure the issue or does not vacate the premises, a Complaint and Summons is filed with the court and served to the tenant.
- A hearing is held and judgment issued.
- If an eviction granted, a Writ of Restitution is posted at the premises, giving the final notice to the tenant to remove their belongings.
- Finally, possession of property is returned to landlord by the sheriff.
To learn more about the eviction process in Arizona, click here.
Sources
- 1 AZ Rev Stat §33-1368 (2020)
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B. If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement by filing a special detainer action pursuant to section 33-1377.
- 2 AZ Rev Stat §33-1313 (2020)
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…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…
- 3 AZ Rev Stat §33-1368 (2020)
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A…if there is a material noncompliance by the tenant with the rental agreement, including material falsification of the information provided on the rental application, the landlord may deliver a written notice…specifying the acts and omissions…and that the rental agreement will terminate on a date not less than ten days after receipt of the notice if the breach is not remedied in ten days.
- 4 AZ Rev Stat §33-1368 (2020)
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A…material falsification includes the following untrue or misleading information about the: 1. Number of occupants in the dwelling unit, pets, income of the prospective tenant, social security number and current employment listed on the application or lease agreement. 2. Tenant’s criminal records, prior eviction record and current criminal activity. Material falsification of information in this paragraph is not curable under this section.
- 5 AZ Rev Stat §33-1375 (2020)
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A. The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten days prior to the termination date specified in the notice. B. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.
- 6 AZ Rev Stat §33-1368 (2020)
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A… If there is a noncompliance…materially affecting health and safety, the landlord may deliver a written notice…specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than five days after receipt of the notice if the breach is not remedied in five days…
- 7 AZ Rev Stat §33-1368 (2020)
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A…If there is a breach that is both material and irreparable and that occurs on the premises, which may include an illegal discharge of a weapon, homicide…prostitution…criminal street gang activity…activity as prohibited in section 13-2308, the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance…threatening or intimidating…assault…acts that have been found to constitute a nuisance…
- 8 AZ Rev Stat §33-1368 (2020)
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A…or a breach of the lease agreement that otherwise jeopardizes the health, safety and welfare of the landlord, the landlord’s agent or another tenant or involving imminent or actual serious property damage, the landlord may deliver a written notice for immediate termination of the rental agreement and shall proceed under section 33-1377.
