An Arizona 10 Day Notice of Noncompliance is a letter that complies with state legal requirements to begin eviction against a tenant for repeating a lease violation which previously received a notice of noncompliance. Because it’s a repeat violation, the tenant is no longer given an opportunity to take corrective action, and must move out within ten (10) calendar days of receiving notice.
When To Use an Arizona 10 Day Notice of Noncompliance
An Arizona 10-Day Notice of Noncompliance begins the eviction process when the tenant has repeated a lease violation of the same or similar nature for which they already received a previous notice of noncompliance during the lease term.
Some types of Arizona lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write an Arizona 10 Day Notice of Noncompliance
To help ensure a Notice of Noncompliance meets legal requirements:
- Use the full name of the receiving parties, and address of record, if known
- Specify the basis upon which the tenancy will terminate and corrective action necessary, if applicable
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve an Arizona 10 Day Notice of Noncompliance
Arizona landlords may deliver a written Notice of Noncompliance 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.
Sources
- 1 AZ Rev Stat § 33-1368
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If there is an additional act of these types of noncompliance of the same or a similar nature during the term of the lease after the previous remedy of noncompliance, the landlord may institute a special detainer action pursuant to section 33-1377 ten days after delivery of a written notice advising the tenant that a second noncompliance of the same or a similar nature has occurred.
Source Link - 2 Ariz. Rev. Stat. § 33-1313
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Source Link
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.