An Arizona Immediate Notice To Vacate is a letter that complies with state legal requirements to begin eviction against a tenant for illegal conduct on the premises, such as causing serious property damage. The tenant is not given an opportunity to take corrective action, and must move out immediately upon receiving notice.
When To Use an Arizona Immediate Notice To Vacate
An Arizona Immediate Notice To Vacate begins the eviction process for the following tenant violations:
- Homicide
- Use or discharge of a firearm or other deadly weapon
- Engagement in or promotion of prostitution
- Involvement in criminal street gang activity
- Causing serious property damage
- Threatening other persons at the premises
- Acts that constitute a public nuisance
- Physically assaulting another person on the premises
Some types of Arizona lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write an Arizona Immediate Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the basis upon which the tenancy will terminate
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating 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 Serve an Arizona Immediate Notice To Vacate
Arizona landlords may deliver an Immediate Notice to Vacate on a “judicial day” (a day when the courthouse is open) in order to file an eviction proceeding on the same day, but this isn’t a legal requirement. Delivery may be 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 AZ Rev Stat § 33-1368
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If there is a breach that is both material and irreparable and that occurs on the premises, which may include an illegal discharge of a weapon, homicide as prescribed in sections 13-1102, 13-1103, 13-1104 and 13-1105, prostitution as defined in section 13-3211, criminal street gang activity as prescribed in section 13-105, activity as prohibited in section 13-2308, the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance as defined in section 13-3451, threatening or intimidating as prohibited in section 13-1202, assault as prohibited in section 13-1203, acts that have been found to constitute a nuisance pursuant to section 12-991 or a breach of the lease agreement that otherwise jeopardizes the health, safety and welfare of the landlord, the landlord’s agent or another tenant or involving imminent or actual serious property damage, the landlord may deliver a written notice for immediate termination of the rental agreement and shall proceed under section 33-1377. The foregoing list of actions which may constitute a material and irreparable breach of a tenant’s lease is not exhaustive
Source Link - 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.