An Arizona 5 Day Notice to Comply or Vacate is an official form written by the landlord and provided to the tenants for a health or safety violation. This notice is delivered to the tenant to comply or move out and deliver possession of the premises within five (5) calendar days.
When to Use an Arizona 5 Day Notice to Comply or Vacate
Use a 5-Day Notice to Comply or Vacate for a health/safety violation to begin the eviction process in Arizona if any of the below are true:
- If the tenant has not kept the premises in a clean, sanitary or safe manner.
- If the tenant failed to properly disposing of trash or other waste.
- If the tenant used the plumbing, electrical or other fixtures in a unreasonable manner.
- If the tenant deliberately or negligently destroyed, removed or impaired any part of the premises.
- If the tenant disturbed the peace and enjoyment of other persons on the premises.
- If the tenant failed to promptly notify the landlord in writing of any health/safety violation that requires the landlord to make repairs or provide maintenance.
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.
- 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.
- 10 Day Notice of Noncompliance – If the tenant repeated a second lease violation 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 5 Day Notice to Comply or Vacate
The Five (5) 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, where it happened and when;
- Explain how the tenant can correct the breach of the rental agreement;
- Landlord dates and signs notice;
- Landlord prints their name with full address and phone number.
How to Serve an Arizona 5 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.