Arizona Eviction Notice Requirements
Arizona's Residential Landlord and Tenant Act sets eviction notice periods in A.R.S. § 33-1368. For unpaid rent, the landlord gives a five-day written notice to pay or the rental agreement ends. For a material lease violation, the tenant gets 10 days to fix it, or five days if the violation materially affects health and safety. A material and irreparable breach, such as certain serious criminal acts on the premises, allows immediate termination. Ending a month-to-month tenancy takes 30 days' written notice under § 33-1375.
The notice should be in writing and describe the amount owed or the specific acts that broke the agreement, along with the date the agreement will end if the tenant doesn't comply. Under § 33-1313, notice to a tenant is delivered by hand or sent by registered or certified mail. A mailed notice counts as received when the tenant actually gets it or five days after mailing, whichever comes first, so allow extra time before counting. Keep proof of delivery.
If the tenant doesn't pay, cure or leave, the landlord files a special detainer case in justice court or superior court. These cases move quickly: the trial is set three to six days from the date of the summons. Arizona does not allow self-help eviction, and a landlord who locks out a tenant or interrupts electric, gas, water or other essential services can owe damages. Only a writ of restitution, carried out by a constable or sheriff, can remove a tenant.
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Arizona: common questions
How long does an Arizona tenant have to pay rent after a notice?
Five days after receiving the written notice. Before a special detainer case is filed, the rental agreement is reinstated if the tenant pays all past-due rent and a reasonable late fee set out in a written lease. After filing, the tenant must also pay legal fees and court costs to reinstate it.
What is the difference between the 5-day and 10-day notices in Arizona?
A 10-day notice applies to most material lease violations and gives the tenant 10 days to correct the problem. A five-day notice applies when the violation materially affects health and safety under the tenant's maintenance duties. Both must describe the breach and the date the agreement will end if it isn't remedied.
When can an Arizona landlord serve a rent notice?
Once rent is unpaid when due. The statute lets the landlord give the five-day notice after the rent due date, so any grace period comes from the lease itself. Check your agreement before serving notice, and count the five days from when the tenant receives it, not when you mail it.
Can I remove an Arizona tenant's belongings myself?
No. Arizona landlords must win a special detainer case and obtain a writ of restitution before a tenant can be removed. A landlord who unlawfully excludes a tenant or cuts off essential services can owe up to two months' rent or twice the actual damages, whichever is greater.
Compare nearby states
| State | Unpaid rent | Lease violation | Month-to-month |
|---|---|---|---|
| Arizona | 5 days | 10 days | 30 days |
| California | See statute | See statute | See statute |
| Colorado | 10 days | 10 days | See statute |
| Nevada | See statute | See statute | 30 days |
| New Mexico | 3 days | 7 days | 30 days |
| Utah | See statute | 3 days | 15 days |
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