An Arizona 10 Day Notice to Comply or Vacate is a legal document written by the landlord and delivered to the tenant for falsifying information on the rental application. This notice allows the tenant to correct the lease violation or vacate the premises within ten (10) calendar days.
When to Use an Arizona 10 Day Notice to Comply or Vacate
Use a 10-Day Notice to Comply or Vacate to begin the eviction process in Arizona if any of the below are true:
- If the tenant falsified information on the rental application regarding the total number of occupants.
- If the tenant failed to disclose the number of pets on the premises.
- If the tenant provided incorrect income information.
- If the tenant included an invalid social security number.
- If the tenant recorded inaccurate employment details.
If none of the above are 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 of Noncompliance – If the tenant repeated a lease violation for the second time of the same or similar nature during the lease term.
- 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.
- 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 to Comply or Vacate
The Ten (10) Day Notice to Comply or Vacate form 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;
- Enter the date the rental agreement shall terminate if breach not cured;
- Landlord dates and signs notice;
- Landlord prints their name with full address and phone number.
How to Serve an Arizona 10 Day Notice to Comply or Vacate
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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The landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach 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. For the purposes of this section, 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.
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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