Make a Arizona Eviction Notice

What are the Components of an Arizona Eviction Notice?

There are several types of Arizona eviction notices. They have the same basic components:

 

• The legal name(s) of the tenant(s) who signed the lease and are legally required to uphold its terms
• The address of the rental property
• The date the eviction notice was created
• How the eviction notice was served on the tenant (referred to as proof of service or certificate of service)
• The contact information of the landlord or property manager
• The printed name and signature of the landlord or property manager

Also known as a notice to quit, the number of days provided to the tenant to correct the violation or vacate the property depends on the reason the eviction notice is issued. They may also require additional components.

 

Arizona 5-Day Notice to Quit for Non-Payment of Rent

Under ARS §33-361, rent is considered late if it is not paid within five days of the due date listed in the lease. After that date has passed, the landlord may issue a 5-Day Notice for Non-Payment of Rent. The tenant then has five days to pay their rent or vacate the premises.

This eviction notice must also include:

•  The amount of past-due rent
• The amount of any accumulated late charges
• The date by which the rent must be paid

Arizona 10-Day Notice to Quit for Curable Non-Compliance

A 10-Day Notice to Quit for Lease Violations is an Arizona eviction notice that is for all other lease violations outside of irreparable damage and non-payment of rent. An example would be the tenant having an unauthorized pet. It gives the tenant 10 days to correct the violation or vacate the property (curable violation). This eviction notice must comply with ARS §33-1368(A).

In addition to the basic components that identify the parties and the property, this eviction notice must include:

• The date the breach or breaches took place
• A description of the breach or breaches

Arizona Immediate Notice to Quit for Incurable Non-Compliance

A Notice of Irreparable Breach for Non-Compliance is used when the lease agreement is violated in such a way that it requires the tenant to leave the property immediately (incurable violation). There is no amount of time given to the tenant to correct the lease violation. Essentially, this type of notice is given if the tenant is involved in illegal activities such as prostitution, gang activity, manufacturing of drugs, and creating a nuisance that threatens the health or safety of the landlord. This eviction notice must comply with Arizona law ARS §33-1368(A).

This eviction notice must include all the basic components mentioned above as well as:

• A list and description of the irreparable breaches

Arizona Lease Termination Letter – 30 Day Notice

A 30-Day Notice to Quit for Month-to-Month Tenancies isn’t an actual eviction although it gives the tenant 30 days to vacate the property. It provides 30 days notice of the end of the lease as required by ARS §33-1375.

This notice identifies the parties, the address of the rental property, and gives the tenant the date that the lease agreement will terminate. It is helpful to use a Certificate of Service.

Service of an Arizona Eviction Notice

Service of an Arizona eviction notice or notice to quit may be done in person or via mail. If it is done in person, the landlord may legally serve the tenant or someone in the residence who is of “sufficient age.” If no one is home, the notice may not be left somewhere conspicuous, such as on the front door. If serving the notice by mail, the tenant is given ten days for non-payment of rent or to cure another default instead of five so that there is enough time for the mail to deliver the notice as well as for the tenant to make the payment or correct the issue. If service is by mail, it should be done by certified mail with a return receipt requested so that the landlord has proof that the tenant received the notice or otherwise refused it.

 

 

What are the Legal Considerations of an Arizona Eviction Notice?

All Arizona eviction notices must conform with the state Landlord-Tenant Act. You can read the state laws for each of the most common notices used. Evictions must be legally served or the tenant isn’t required to vacate the premises or correct any defects. An eviction notice is the first step that must be taken in the eviction process. A landlord cannot file an eviction action if they do not serve the tenant.

Eviction notices must provide the proper amount of notice to the tenant to correct the defect or vacate the property. The amount of time depends on the type of notice. Proper service must also take place. Leaving the notice on the front door is not considered legal service in the State of Arizona. Depending on the potential of violence, the landlord may consider hiring a professional process server.

Not all evictions are legal. The most common forms of illegal eviction include retaliatory eviction, “self-help” eviction such as changing the locks, removing the tenant’s property, turning off the utilities, threatening the tenant, or evicting for discriminatory reasons. To learn more about illegal evictions in Arizona, get legal advice from a landlord-tenant attorney.

Finally, while domestic violence victims may terminate their rental agreement early and the landlord may change the locks if there is a protective order in place, a domestic violence victim may not be evicted because they are a victim.

Eviction Information for Arizona Tenants

If you receive an Arizona eviction notice, read it carefully. It will tell you how many days you have to correct the lease violation (such as paying the rent) or vacate the property. If you’re served for non-payment of rent, the notice should tell you how much you owe in rent and late fees as well as the last day you have to pay.

If you have questions or want to discuss the eviction notice, contact the landlord. Remember to remain calm. You do not want to exacerbate the situation. Keep in mind that if you are evicted, you may have a tough time finding adequate housing in the future. An eviction for past due rent or damages to the property may also appear on your credit report.

You also have the option of consulting with a landlord-tenant lawyer to have your questions answered. This is particularly important if you think it is possible that the eviction is illegal in some way. As a tenant, you have legal rights. If you cannot afford a lawyer, look for legal clinics hosted by law schools and legal aid clinics that may be able to help you. The Arizona Bar Foundation offers legal aid services for tenants as does Community Legal Services. The Arizona Attorney General's website offers an easy to understand guide to tenant rights and responsibilities.  

Eviction Information for Arizona Landlords

As a landlord, an eviction notice is helpful, but it must comply with state law and include the proper amount of time that the tenant is legally entitled to in order to resolve the issue. Eviction notices must be legally served. In Arizona, you may not just leave the eviction notice on the front door.

If you illegally serve or illegally evict a tenant, you could open yourself up to a lawsuit and be ordered to pay fines as well as give the tenant financial compensation. If you have questions about how to properly draft an eviction notice, it may be worth it to you to schedule an appointment with a landlord-tenant lawyer.