An Arizona Immediate Notice to Vacate is an official legal document written by the landlord and provided to the tenant for illegal conduct on the premises. This notice instructs the tenant to move out of the rental unit immediately.
When to Use an Arizona Immediate Notice to Vacate
Use an Immediate Notice to Vacate to begin the eviction process in Arizona if any of the below are true:
- If the tenant committed homicide.
- If the tenant used or discharged a firearm or other deadly weapon.
- If the tenant engaged in or promoted prostitution.
- If the tenant is involved in criminal street gang activity.
- If the tenant committed serious property damage.
- If the tenant threatened other persons at the premises.
- If the tenant committed acts that constitute a nuisance.
- If the tenant physically assaulted another person on the premises.
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.
- 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.
- 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 Immediate Notice to Vacate
The Immediate Notice to 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 irreparable breach of the rental agreement, where it happened and when;
- Landlord dates and signs notice;
- Landlord prints their name with full address and phone number.
How to Serve an Arizona Immediate Notice to Vacate
Landlords may choose to deliver the immediate notice to vacate on a day when the courthouse is open to file an eviction proceeding immediately, but this is not required by law. 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.