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.
Sources
- 1 AZ Rev Stat § 33-1341 / AZ Rev Stat § 33-1368
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If there is a noncompliance by the tenant with section 33-1341 materially affecting health and safety, 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 five days after receipt of the notice if the breach is not remedied in five days. However, if the breach is remediable by repair or the payment of damages or otherwise, and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement will not terminate.
The tenant shall:
1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building codes materially affecting health and safety.
2. Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit.
3. Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner.
4. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.
5. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises.
6. Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.
7. Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises.
8. Promptly notify the landlord in writing of any situation or occurrence that requires the landlord to provide maintenance or make repairs or otherwise requires the landlord to take action as prescribed in section 33-1324
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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