An Arizona eviction notice is a written notice from the landlord to the tenant explaining that the tenant has a certain number of days to either fix their breach of the lease or vacate the premises. If tenant neither remedies the breach, nor vacates the premises, the landlord may file a Complaint and Summons in the Justice Court in the county where the property is located. The Complaint will have to be served by a process server no later than two days before the initial hearing. The tenant will be provided the opportunity to contest the claim through an Answer, at which point the court will set a trial date.
Types of Notices
Notice of Irreparable Breach (Immediate) – This form informs the tenant that they have breached the lease and must leave the premises immediately.
5-Day Notice (Non-Payment of Rent) – This form provides notice to tenant that their rent is in arrears and that they have five days to either pay what is owed or vacate the premises.
10-Day Notice to Quit (Material Non-Compliance) – This form provides notice to the tenant that they are in breach of a material provision in the lease and that they have ten days to remedy the breach or vacate the property.
30-Day Notice to Quit (Month to Month) – This form is used to inform a tenant under a lease of notice of termination of the lease within thirty days of the notice. It gives the tenant thirty days to leave the property.
When is Rent Late?
Under Arizona Revised Statute 33-361, rent is payable on the due date as set forth in the lease. A landlord may commence proceedings if the rent has not been paid within five days of the due date.
How to Evict (Process)
In Arizona, the eviction process must comply with the Arizona Landlord Tenant Act. A landlord can represent him or herself or obtain the services of an attorney to make the filings in the Justice Court..
Step 1- Before any filings are made with the court, the Landlord must provide written notice to the Tenant that the eviction process has begun. Download one of the following forms, depending on your situation:
- Notice of Irreparable Breach
- 5-Day Notice (Non-Payment of Rent)
- 10-Day Notice to Quit (Material Non-Compliance)
- 30-Day Notice to Quit (Month to Month)
Step 2 – Complete the document carefully and then hand deliver the notice directly to the tenant (placing on door is not sufficient). Alternatively, you may use certified mail, but you must add on three days to the notice requirement.
Step 3 – If the tenant fails to respond within the time period allowed to either remedy the breach or make the rental payment that is due, the Landlord is then authorized to proceed with the eviction process in the court.
Step 4 – Initially, the Landlord must file a Complaint and Summons with the Justice Court in the County in which the property in question is located. You will need at least five copies of each of the Complaint and Summons for filing, yourself, two copies for the defendant and one copy for the process server. These copies, plus a copy of the notice that was delivered to Tenant and the Residential Eviction Information Sheet must be brought to the Justice Court.
Step 5 – With the documents to be filed, Landlord will also need to pay filing fees in the amount of $32.
Step 6 – The court will set a hearing date and time and the Landlord must have the Complaint and Summons served by a process server within two days of the hearing.
Step 7 – You must appear on the date of the hearing with a copy of the Judgment for the court to sign. If the Tenant contests the action, the Court will order a trial on the merits.
How To Write (Notice To Quit)
1 – Obtaining a Form
You may directly download the Arizona Notice to Quite by selecting one of the buttons under the image of the document.
2 – Identifying the Violating Tenant
On the first line of this document, enter the Name of the Tenant who has violated the lease agreement. Make sure the Tenant Name is listed precisely as it is on the lease in question.
3 – Identifying the Residence
Locate the paragraph beginning with the words “The premises…” On the first blank line of this paragraph, report the City where this residence is located. Then on the second blank line, locate the County where the residence is located. You will need to identify the Zip Code of the residence on the third blank line. Next, using the two blank lines following the words “number and street…,” document the building number, street, and any applicable apartment or unit number (respectively) as it appears on the lease.
4 – Identifying the Lease
Report the Signature Date on the blank spaces provided in “In accordance…” statement. This should be the exact Date reported at the time of Signing.
5- Lease Violation Penalty
The terms of the lease and the situation will dictate your next choice. You may choose to mark the check box for one of these options. Some options will require some additional information.
If the Tenant will be given five days to pay the Landlord or an Agent of the Landlord, mark the first check box. You will need to provide the Name of the individual who may accept payments to the Landlord on the first blank line. Then using the third and fourth blank line, report the Dollar Amount the Tenant must pay to rectify the situation. The last line of this choice will require the previously stated overdue Dollar Amount and the time period it covers using the spaces provided.
If the Tenant is allowed ten days to rectify his/her breaching of the lease terms, then mark the second check box. You must describe what the Tenant may do to remain on the premises after ten days.
If the Tenant must immediately relinquish possession of the premises to the Landlord as a result of an irreparable breach of contract, then mark the third box. Then report the exact violation on the blank line provided.
Choose one of these items, if you are a Landlord, with a Lease, that must deliver one of these statements as a Notice to a Tenant, then proceed to 5 – Certificate of Service. If you are referring to a Month to Month Tenancy, do not mark any of the items in this area and proceed to the next section.
6 – Month-To-Month Lease Terminations
If you are a Landlord terminating a Month-to-Month Tenancy, then check the first box. You will need to Name the exact Calendar Date the Lease will be terminated on the spaces provided.
If you are a Tenant, then mark the second check box and report the Date of Termination using the blank spaces provided. Keep in mind, in either case, the Date of Termination must be thirty days from the receipt of this Notice to the individual being served with it.
7 – Legal Disclosure
The Owner or Landlord statement near the bottom of this form will inform the Tenant of the results of noncompliance with this Notice. The Landlord/Agent must Sign his or her Name on the blank line at the end of this paragraph.
8 – Certificate of Service
The individual serving this Notice to the receiving party must enter the Calendar Date for the successful delivery as well as define how the Notice was delivered. Use the first second and third spaces of this section to report the Calendar Date, Month, and Year the Notice was delivered. Then on the blank line preceding the word “by,” report the Full Name of the recipient of this Notice. Then, check the first box if it was delivered in person, the second check box if it was delivered to a household member or co-worker, or the third box if it was sent by First-Class Mail to the intended recipient. Finally, the individual effecting delivery must Sign his or her Name on the blank line labeled “Signature.”