An Arizona 10 Day Notice of Noncompliance is a legal letter written by the landlord and provided to the tenant for a repeated lease violation with no option to cure. This notice instructs the tenant to move out and vacate the premises within ten (10) calendar days.
When to Use an Arizona 10 Day Notice of Noncompliance
Use a 10-Day Notice of Noncompliance to begin the eviction process in Arizona if the tenant repeated a lease violation of the same or similar nature for the second time during the lease term.
If the above is not true, use one of the below forms to evict a tenant:
- 5 Day Notice to Quit -If the tenant is late on rent (starting the day after it’s due), either in part or in full.
- 5 Day Notice to Comply or Vacate – If the tenant committed a health or safety violation such as: not keeping the premises in a clean, safe or sanitary manner, deliberately or negligently destroying any part of the premises, disturbing the peace and enjoyment of other persons or not properly disposing of trash or waste.
- 10 Day Notice to Vacate – If the tenant falsified criminal record history, eviction history or current criminal record on the rental application.
- Immediate Notice to Vacate – If the tenant engaged in or promoted prostitution, committed homicide, used or discharged a firearm or other deadly weapon, is involved in criminal street gang activity, committed serious property damage, threatened other persons on the premises, committed acts that constitute a nuisance or physically assaulted another person on the premises.
- 10 Day Notice to Comply or Vacate– If the tenant falsified information on the rental application such as: number of occupants, pets, income, social security number or employment.
- 30 Day Notice to Vacate – If the tenant has no written lease and pays rent monthly or to end a month-to-month tenancy.
How to Write an Arizona 10 Day Notice of Noncompliance
The Ten (10) Day Notice of Noncompliance form for repetitive conduct shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Include the notice date, which is the date the notice is served;
- Specify the lease violations, where it happened and when;
- Enter the date the rental agreement shall terminate;
- Landlord dates and signs notice;
- Landlord prints their name with full address and phone number.
How to Serve an Arizona 10 Day Notice of Noncompliance
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.
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 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 - 3 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.
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