An Arizona eviction notice form is a legal instrument provided to tenants instructing them to either comply with the terms of the rental agreement or vacate the premises. In Arizona, eviction notices can be delivered for unpaid rent, lease violations or engaging in illegal activity.
Types of Arizona Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 5 Day Notice to Quit | Unpaid Rent | Yes |
| 5 Day Notice to Comply or Vacate | Health / Safety Violation | Yes |
| 10 Day Notice of Noncompliance | Repetitive Conduct | No |
| Immediate Notice to Vacate | Illegal Activity | No |
| 10 Day Notice to Comply or Vacate | Falsifying Information on Rental Application | Yes |
| 10 Day Notice to Vacate | Falsifying Criminal History / Eviction History | No |
| 30 Day Notice to Vacate | Monthly / Yearly Lease | No |
Arizona 5 Day Notice to Quit
An Arizona 5 Day Notice to Quit form is used for an eviction for nonpayment of rent. The tenant has the option to pay the rent balance due or vacate the premises within five (5) calendar days.
Arizona 5 Day Notice to Comply or Vacate
An Arizona 5 Day Notice to Comply or Vacate form is used for an eviction for a health/safety violation. A health/safety violation may include not keeping the premises in a clean, safe or sanitary manner, damaging property or disturbing the peace and enjoyment of other persons on the premises. The tenant can fix the violation or move out of the rental unit within five (5) calendar days.
If a tenant violates health or safety rules more than once during the term of the lease, then it is a more serious offense and the landlord may terminate the tenancy by serving the 10-Day Notice of Noncompliance.
Arizona 10 Day Notice of Noncompliance
An Arizona 10 Day Notice of Noncompliance form is used for an eviction for a repeated lease violation (repetitive conduct) of the same or similar nature during the lease term. The tenant does not have the option to remain on the premises and must move out and deliver possession within ten (10) calendar days.
Arizona Immediate Notice to Vacate
An Arizona Immediate Notice to Vacate form is used for an eviction for illegal conduct. This notice takes effect the same day it is served and the tenant must move out of the premises immediately.
Arizona 10 Day Notice to Comply or Vacate
An Arizona 10 Day Notice to Comply or Vacate form is used for an eviction for falsification of information provided by the tenant on the rental application. This may include falsification of the total number of persons living at the rental unit or incorrect employment information. The tenant may fix the lease violation or move out and deliver possession of the premises within ten (10) calendar days.
However, if the tenant falsifies or excludes criminal or eviction history on the rental application, it is a more serious offense and the landlord can terminate the tenancy with the 10 Day Notice to Vacate.
Arizona 10 Day Notice to Vacate
An Arizona 10 Day Notice to Vacate eviction form is used for tenants that falsify or exclude current criminal activity, criminal history or eviction history on the rental application. The tenant does not have the option to fix the issue and must vacate the premises within ten (10) calendar days.
Arizona 30 Day Notice to Vacate
An Arizona 30 Day Notice to Vacate is an official document designed to terminate a rental agreement, including a month-to-month or year-to-year lease. This lease termination letter may also be used for tenants with no written lease that pays rent monthly or for tenants with an expired lease. The notice must be provided to either party at least thirty (30) calendar days prior to the end of the following rental period.
How to Write an Eviction Notice in Arizona
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Arizona
An eviction notice in Arizona takes effect the day after it is served. However, there is one exception, the Immediate Notice to Vacate, which takes effect the same day it is served. All notice periods are based on calendar days. If the last day of the notice period falls on a weekend or legal holiday, then the notice will not officially expire until the end of the next judicial day (a day when the courthouse is open).
How to Serve an Eviction Notice in Arizona
A landlord can deliver notices in Arizona using either 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 the Tenant, whichever occurs first , as required by law.
Sources
- 1 Arizona Court Rules of Civil Procedure for Eviction Actions
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a. Computation of Time. Unless otherwise stated in these Rules, or unless an applicable statute provides otherwise, the time limitations prescribed in these rules shall mean calendar days.b. Shortening or Extension of Time. Except as specifically provided for by statute or these rules, the time for doing any of the acts provided for in these rules or by order of the court may be shortened or extended by the court upon stipulation or upon motion for good cause shown.c. How to Calculate Time: Day of the Act or Default. In calculating any period of time specified or allowed by these rules, by any local rules, by order of a court, or by any applicable statute, the day of the act or default from which the designated period of time begins to run is not included.Source Linkd. How to Calculate Time: Last Day. The last day of the period is included, unless the last day is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday or a legal holiday.
- 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.
Source Link
