The Arizona five (5) day notice to quit for the non-payment of rent allows a landlord to notify a tenant of their late rent. If the tenant does not pay the amount due to the landlord they must leave the property within the five (5) day period or else face a possible Forcible Entry and Detainer lawsuit. Sending – It is imperative that the landlord send the notice via certified mail (return receipt) or hand deliver in order to obtain the signature of the tenant. It is more difficult if an eviction case is filed without the signature of the tenant
Arizona Eviction Notices – 5, 10, and 30 Day Notices to Quit
Arizona eviction notices may be used by a landlord to inform a tenant that they are in current violation of their lease agreement. The most common type of notice is for the late payment of rent. In Arizona, there is no grace period so the landlord can submit the notice on the day after rent was due. During the notice period, the tenant has the choice of either curing the issue stated in the notice or moving-out of the property. If the tenant does not vacate or remedy the lease issue, the landlord will be forced to file an eviction case, or Forcible Entry and Detainer, in the Justice Court.
Non-Payment of Rent – 5 days (§ 33-1368(B))
Non-Compliance – 10 days (§ 33-1368(A))
Health/Safety Violation – 5 days (§ 33-1368(A)(2))
Irreparable Breach – Immediate (§ 33-1368(A)(2))
Termination (Month-to-Month Lease) – 30 days (§ 33-1375)
The Arizona five (5) day notice to quit is given by a landlord to a tenant for health or safety violation which puts the tenant(s), occupants, or other tenants at risk for injury. The violation stated in the notice must be “cured” within the five (5) day notice period or the tenant will be forced to vacate the premises. If the tenant does neither, a forcible entry and detainer case can be brought against them in the Justice or Supreme court. Health / Safety Violation Examples Leaving a grill on outside. Not locking common entry-ways. Not maintaining the outside grounds.
The immediate notice for irreparable breach is a court document used by landlords to inform a tenant that they have breached their lease in a manner that allows them to cancel and request an expedited removal from the premises. The violation must be an illegal act by the tenant or causing property damage that was detrimental or does not allow the property to be considered habitable. Laws – A.R.S. 33-1368(a)(2) Examples of an Irreparable Breach include: Weapons charge. Prostitution. Criminal gang and/or drug activity. Threats and/or intimidation. Violation threatens the safety of the landlord and/or other tenants. Serious property damage. Any
The Arizona ten (10) day notice is sent to a tenant by a landlord when a violation of the lease has transpired. The form gives ten (10) days for the tenant to fix or “cure” the issue or else they will have to move-out of the property. This form may be used for any violation of the lease which does not relate to the payment of rent. Laws – A.R.S 33-1368(A) Non-Compliance Examples Too many occupants living on the premises. Falsely reporting employment on the application. Damage to the premises. A Pet that is prohibited from the property.
The Arizona 30-day notice to quit is designated for landlords seeking to terminate a month-to-month lease arrangement. The landlord must grant at least thirty (30) days notice before terminating a tenancy at will unless a longer period exists in the rental contract. It is best to either hand-deliver this notice or send via certified mail with return receipt in order to get the tenant’s signature confirming that they’ve received the notice. Laws – § 33-1375(B) Week-to-Week Tenancy – Notice must be given at least ten (10) days in advance per Statute 33-1375(A).
How to Evict a Tenant (Process)
The eviction process, or ‘Forcible Entry and Detainer’, starts immediately when the tenant has violated their lease. In most instances, the tenant complies by paying the rent, fixing the material violation, or by moving out if the lease is being terminated or if the notice is incurable. If not, the landlord will need to seek a judgment by filing with the Justice Court (if the landlord is seeking less than $10,000 in damages) or the Supreme Court (if it is more than $10,000).
Step 1 – Issue a Notice to Quit
The landlord will need to send one (1) of the following types of notice to the tenant:
Immediate Notice for Irreparable Breach (Illegal Activity) – Immediate Notice
Non-Payment of Rent – 5-Day Notice
Health and Safety Violations – 5-Day Notice
Material Non-Compliance – 10-Day Notice
Termination of Lease (Month-to-Month) – 30-Day Notice
Step 2 – Sending the Notice
Complete the document and send to the tenant via Certified Mail, personally handing, or any other route where the landlord obtains the signature of delivery from the tenant.
If the notice allows a right to “cure the issue” within a certain amount of time the landlord will have to wait until the end of the period. The tenant has the option of moving-out or fixing the violation by the end of the notice period. If the tenant completes neither then the landlord may file a “Forcible Entry and Detainer”, which is the legal name for filing an eviction suit.
Step 3 – Find Your County’s Court Forms
If the tenant has not fulfilled their obligation and has not moved off the premises the landlord has the right to file a Forcible Entry and Detainer. This is started by the landlord, known as the Plaintiff, filing their County’s Court Forms (See Image Below).
Step 4 – File the Complaint
The Plaintiff will have to file the following forms with their respective court jurisdiction:
Eviction Action Complaint (Form FD11-011)
Eviction Action Summons (Form FD-11-111)
The filing fee is for the Plaintiff is $ 50.
Step 5 – Get a Court Hearing Date
After making the filing with the court you will be given a hearing date within six (6) days. In that time you must serve the tenant through a process server (See List of Certified Servers) or go through the Justice Court’s Constable. The process server will be responsible for providing the filed Complaint, Summons, and the Answer to the Defendant.
The party that serves the Defendant is required to submit an Affidavit of Service with the court to mark that they have been served.
Defendant’s Answer – The Defendant is allowed to state their plea to the court by using the Defendant’s Answer. This must be filed with the court before the hearing date and must be attached with the $ 36 filing fee.
Step 6 – Go to the Hearing
Both parties will be required to show up at the court date. If the tenant pleas guilty or no contest the judgment will be awarded to the landlord in the amount owed along with an order that states possession of the property must revert back to the landlord.
*If the Defendant (tenant) does not show up at the court hearing the Plaintiff will be required to deliver a copy of the Default Judgment to the Defendant.
Once the debt has been paid the Plaintiff must file a Satisfaction of Judgment with the court to note that the Defendant has paid their debt.
***If the Tenant does not move out after Judgment – The landlord has forty-five (45) days from the date of the court hearing to file for a Writ of Restitution which will direct the Constable of the court to evict the tenant.