An Arizona eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Arizona landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of Arizona Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 5 Day Notice To Quit | Nonpayment of 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 Basic 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 evicts a tenant for nonpayment of rent. In Arizona, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within within five (5) calendar days of receiving notice.
Arizona 5 Day Notice To Comply or Vacate
An Arizona 5 Day Notice to Comply or Vacate evicts a tenant for a health or safety violation. This includes failing to keep 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 must take appropriate corrective action or else move out of the rental unit within five (5) calendar days of receiving notice.
Arizona 10 Day Notice of Noncompliance
An Arizona 10 Day Notice of Noncompliance evicts a tenant for repeating a lease violation of same or similar nature during the the term of a lease. The tenant is not given an opportunity to take corrective action, and must move out within ten (10) calendar days of receiving notice.
Arizona Immediate Notice To Vacate
An Arizona Immediate Notice to Vacate form evicts a tenant for illegal activity on the premises, such as discharging a weapon or causing major property damage. The tenant is not given an opportunity to take corrective action, and must move out immediately upon receiving notice.
Arizona 10 Day Notice To Comply or Vacate
An Arizona 10 Day Notice to Comply or Vacate evicts a tenant for providing false basic information on a rental application. This includes falsifying the total number of persons living at the rental unit, or false employment and income information. The tenant must take appropriate corrective action, or else move out within ten (10) calendar days of receiving notice.
Arizona 10 Day Notice To Vacate
An Arizona 10 Day Notice to Vacate evicts a tenant for falsifying or excluding current criminal activity, criminal history or eviction history on a rental application. The tenant is not given an opportunity to take corrective action, and must move out within ten (10) calendar days of receiving notice.
Arizona 30 Day Notice To Vacate
An Arizona 30 Day Notice to Vacate terminates a rental agreement, including a month-to-month or year-to-year lease as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) days before the date of termination.
How To Write an Eviction Notice in Arizona
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Calculate Expiration Date in Arizona
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served), except for an Immediate Notice To Vacate, which takes effect as soon as it’s received. For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
How To Serve an Eviction Notice in Arizona
Arizona landlords may deliver a written eviction notice by any method which effectively brings the information to the tenant’s attention. The law presumes the following methods are valid:
- Hand delivery to the tenant
- Delivery by registered or certified mail to the tenant’s address of record or (if unknown) last known residence
Mailed notice is considered served when actually received or five days after the date the notice is mailed, whichever is sooner.
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 Ariz. Rev. Stat. § 33-1313
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Source Link
A. A person has notice of a fact if he has actual knowledge of it, has received a notice or notification of it or from all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person “knows” or “has knowledge” of a fact if he has actual knowledge of it. B. A person “notifies” or “gives” a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. 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. 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. C. “Notice,” knowledge or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting the transaction and in any event from the time it would have been brought to his attention if the organization had exercised reasonable diligence.
