An Arizona Eviction Notice is an official document prepared by a landlord to inform a tenant that they have a specified number of days to cure a lease violation or vacate the property. The notice must be written in accordance with Arizona housing laws, as it can be presented to the Justice Court to file an eviction if the tenant fails to fix the violation within the allotted time.
Filing an eviction action with the court may require a filing fee, with the amount varying depending on the country in which the property is located.
Arizona Eviction Notice Forms : by Type (4)
Notice of Irreparable Breach (Immediate): Arizona Notice of Irreparable Breach is a document sent to notify a tenant that they have committed an incurable lease agreement breach and should vacate the premises immediately.
Download: Microsoft Word (.docx) or Adobe PDF
5-Day Notice (Non-Payment of Rent): A 5-Day Notice (Non-Payment of Rent) informs a tenant living in Arizona that they have no more than 5 days to pay unpaid rent or vacate the property.
Download: Microsoft Word (.docx) or Adobe PDF
10-Day Notice to Quit (Material Non-Compliance): An Arizona 10-Day Notice to Quit (Material Non-Compliance) informs a tenant that their non-compliance or omission of crucial information is a breach of the lease, and they have 10 days to vacate the property.
Download: Microsoft Word (.docx) or Adobe PDF
30-Day Notice to Quit (Month to Month): An Arizona 30-Day Notice to Quit (Month to Month) is the legal notice prepared by a landlord or tenant who wishes to end a month-to-month lease agreement.
Download: Microsoft Word (.docx) or Adobe PDF
Eviction Process in Arizona
The eviction process in Arizona is only considered legal when it complies with the Arizona Landlord Tenant Act. During the process, which is detailed below, you may represent yourself or hire an attorney.
Stage 1: Sending the Tenant a Notice
Your first step should be to send the tenant a notice to quit alerting them to their violation and requesting that they cure it or vacate the premises. The notice must be hand-delivered to the tenant (don’t hang it on the door) or sent through Certified Mail. In the last case, you will be required to add three days to the amount of time the tenant has to respond.
Stage 2: Waiting for the Tenant to Respond
After sending the notice, you must allow the tenant the allotted time to respond by either remedying the breach or vacating the property.
Stage 3: Filing a Lawsuit
If the tenant fails to respond or move out, you may then file a lawsuit with the Justice Court in the County where your property is located. You will need to fill out the following forms:
- A Complaint
- A Summons
- A Residential Eviction Information Sheet
Note: You may also be charged a filing fee of $32. Once the lawsuit is filed, you should maintain copies of these forms and serve other copies to the tenant through a process server.
Stage 4: Waiting for the Tenant’s Answer
The tenant will then file an Answer with the Justice Court, after which the court will set a trial date.
Stage 5: Going to Trial
Both you and the tenant must then appear at trial to defend your claims. Carry a copy of your lawsuit forms and the Judgement for the judge to sign.
Stage 6: Contacting the Sheriff’s Office
If the judge rules in your favor, you can have a Writ of Restitution signed then present it to the Sherriff’s office. This document will give the Sherriff the permission to serve the eviction warning on the tenant or charge them with trespassing if they fail to leave.
Arizona Eviction Laws and Requirements
Related Arizona Court Forms
Tenants, landlords, and government officials may need to fill out the following court forms during the eviction process in Arizona:
- Complaint (AOC LJEA2F) – This form is filed in court by a landlord to initiate an eviction lawsuit against a tenant that has ignored a written eviction notice.
- Summons AOC LJEA1F – This form notifies the tenant that the landlord has filed a lawsuit against them and the court has set a trial date.
- Residential Eviction Information Sheet – This document is served on the tenant alongside the summons and complaint to provide them with information necessary to accept or deny the landlord’s claims.
- Answer (LJEA00004F) – Filed with the court clerk, and at a fee, by a tenant to either accept or deny the landlord’s claims against them.
- Writ of Restitution – This document is provided by the court at the request of a landlord who has won the case and presented to a constable who will direct the tenant to leave the property.
How to Write a Notice to Quit
This detailed guide explains how to draft a formal Arizona Eviction Notice:
Step 1: Identify the violating tenant by name, contact information, and current address.
Step 2: State the property address, lease dates, and lease signature date.
Step 3: Mention the type of violation and refer to the original lease.
Step 4: Describe the tenant’s violation and prescribe instructions as follows:
- Non-payment of rent – 5 days to cure or vacate. Provide a breakdown of the total amount, a preferred method of payment, and your account details.
- Breach of lease terms – 10 days to cure or vacate. Describe a suitable fix for the problem.
- Irreparable breach of contract – Immediate eviction (incurable).
Step 5: (For Mont-to-Month Lease Terminations) State your intent to terminate the lease, explain why, and provide an effective day that provides at least 30 days of notice.
Step 6: Disclose your intention to file an eviction notice if the tenant does not cure the problem or vacate within the given timeline.
Step 7: Close with your full name and signature.
Step 8: Upon delivery, you or an agent should indicate the delivery method and date.
Arizona Eviction Notice Formats
Arizona Notice of Irreparable Breach (Immediate)
{Date}
{Tenant’s Name}
{Property Address}
{City, State, Zip Code}
Re: Eviction Notice
Dear {Mr./Mrs./Ms. Last Name},
It has come to my attention that you have {describe the irreparable breach}. This is in direct violation of your lease agreement dated {signature date} for the {type of property} on {property location}.
Due to your actions, you are hereby required to vacate the premises immediately or face a legal suit.
Sincerely,
{Your Name}
{Your Signature}
Arizona 5-Day Notice (Non-Payment of Rent)
{Date}
{Tenant’s Name}
{Property Address}
{City, State, Zip Code}
Re: Pay or Vacate
Dear {Mr./Mrs./Ms. Last Name},
You have not paid your rent of {amount} for {rental period}, putting your total debt at {amount}. This is in breach of the lease agreement dated {signature date} for the property on {property location}.
Please credit this amount to {agent name/account number} within 5 days or receiving this notice. If you don’t, you will be required to vacate the premises by {date} or face legal action.
You can contact me at {contact information} if you have any questions.
Sincerely,
{Your Name}
{Your Signature}
Arizona 10-Day Notice to Quit (Material Non-Compliance)
{Date}
{Tenant’s Name}
{Property Address}
{City, State, Zip Code}
Re: 10-Day Eviction Notice
Dear {Mr./Mrs./Ms. Last Name},
This is in regard to a {non-compliance/omission} of your lease agreement dated {signature date} of the property on {property address}.
As per {clause in the lease that refers to the violation}, this breach necessitates an eviction. You have 10 days from the serving of this letter to vacate the property or face legal action.
Sincerely,
{Your Name}
{Your Signature}
Arizona 30-Day Notice to Quit (Month to Month)
{Date}
{Tenant’s Name}
{Property Address}
{City, State, Zip Code}
Re: Lease Termination
Dear {Mr./Mrs./Ms. Last Name},
I am writing to terminate the lease agreement dated {signature date} for the property on {property address}. This action will take effect on {date that provides a 30-day notice}.
I have arrived at this decision because {explain your reason for terminating the lease agreement}. You can reach me at {contact number or email address} if you have any questions.
Sincerely,
{Your Name}
{Your Signature}
Sending an Arizona Eviction Notice is a crucial first step in the eviction process. If you do not send one, you cannot legally evict a tenant even if they violate their lease agreement. The notice should clearly explain the violation and provide the tenant with the state-allowed amount of time to cure it.
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