MAKE YOUR FREE Arizona Eviction Notice
What is an Arizona Eviction Notice or Notice to Quit?
When to use an Arizona Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated any provision of the lease or rental agreement.
- Your tenant materially damaged the property.
- Your tenant is a nuisance or has caused trouble among other tenants.
- Your tenant has used the property for illegal activity.
- You wish to terminate a month-to-month tenancy.
- The lease has expired and your tenant has remained on the property.Please Note:
- You may never forcibly evict a tenant without going through the formal tenant eviction process.
Sample Arizona Eviction Notice
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5 DAY NOTICE TO PAY RENT OR VACATE10 DAY NOTICE TO CURE OR VACATENOTICE TO TERMINATE TENANCYNOTICE TO QUIT
, Arizona
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , Arizona
PLEASE TAKE NOTICE that the tenancy pursuant to the lease and/or rental agreement dated under which you hold the possession of the herein described premises there is now due, unpaid and delinquent rent in the total sum of , representing rent due for the period from to .
PLEASE TAKE FURTHER NOTICE that within FIVE (5) days after service of this notice, you are hereby required to pay the above-listed amount in full OR quit the subject premises, move out, and deliver up possession of the same to . Failure to pay the rent in full OR vacate the premises WITHIN FIVE (5) days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute a Forcible Entry and Detainer lawsuit against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that you have violated the following term(s) in your lease and/or rental agreement dated : .
PLEASE TAKE FURTHER NOTICE that within TEN (10) days after service of this notice, you are hereby required to perform the aforesaid covenant(s) OR quit the subject premises, move out, and deliver up possession of the same to . Failure to perform aforesaid covenant(s) OR vacate the premises WITHIN TEN (10) days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute a Forcible Entry and Detainer lawsuit against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that your month-to-month tenancy under which you hold the possession of the herein described premises is hereby terminated as of the date THIRTY (30) days after the service of this NOTICE upon you. YOU ARE HEREBY required to quit and surrender possession thereof to on or before the date THIRTY (30) days after service of the NOTICE upon you. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute a Forcible Entry and Detainer lawsuit against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that your week-to-week tenancy under which you hold the possession of the herein described premises is hereby terminated as of the date TEN (10) days after the service of this NOTICE upon you. YOU ARE HEREBY required to quit and surrender possession thereof to on or before the date TEN (10) days after service of the NOTICE upon you. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute a Forcible Entry and Detainer lawsuit against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that the lease and/or rental agreement under which you hold the possession of the herein described premises has expired as of .
PLEASE TAKE FURTHER NOTICE you are required to quit and deliver up possession of the premises to at once. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute a Forcible Entry and Detainer lawsuit against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE you are required to quit and deliver up possession of the premises to at once. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute a summary process lawsuit against you to recover rent, damages and possession of said premises.
THE REASON THIS NOTICE IS BEING SERVED IS:
THIS IS INTENDED AS A FIVE (5) DAY NOTICE FOR THE PURPOSE OF DEMANDING RENT. THIS NOTICE IS IN ACCORDANCE WITH THE ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT § 33-1368(b).
THIS IS INTENDED AS A TEN (10) DAY NOTICE TO CURE OR VACATE. THIS NOTICE IS IN ACCORDANCE WITH THE ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT § 33-1368(a).
THIS IS INTENDED AS A TEN (10) DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS NOTICE IS IN ACCORDANCE WITH THE ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT § 33-1375(a).
THIS IS INTENDED AS A THIRTY (30) DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS NOTICE IS IN ACCORDANCE WITH THE ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT § 33-1375(b).
THIS IS INTENDED AS LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS NOTICE IS IN ACCORDANCE WITH THE ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT.
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF ARIZONA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
Dated:
| By: | ______________________________ |
| , , |
Arizona Eviction Notice Checklist
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___Sign this document. This document needs to be signed by:
___Everyone gets a copy. Each tenant named in the document should receive an individual copy of the signed notice.
___Serve the document. Deliver the notice and sign an Affidavit of Service or hire a certified process server to legally serve the tenant(s). Make sure the service of the notice complies with Arizona state law. Arizona has specific service requirements that must be met for the notice to be legally effective. If you have chosen to serve on your own behalf, create an Affidavit of Service at RocketLawyer.com upon completion of service.
Important Details
You may never forcibly evict a tenant without going through the formal tenant eviction process.
It is in the best interest of the tenant and landlord to come to an agreement to avoid the cost, inconvenience, and time involved with an eviction lawsuit. An eviction can jeopardize a tenant's ability to secure future housing and will impact their rental history.
If the tenant(s) remain in possession of the property after the notice has expired, you can then proceed with a formal eviction case in local court. However, the eviction process is a large expense and you should try to work it out with the tenant(s) whenever possible.
If you end up having to file a formal eviction case (also known as a Forcible Detainer in Arizona), make sure you file your eviction case in the right court. Arizona is broken up into different jurisdictions, and you must file in the correct jurisdiction. You can usually figure out where to file by doing some research on your state's website.
Arizona Eviction Notice FAQs
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Can I legally evict my tenant for not paying rent in Arizona?
Under normal circumstances, yes. You can draft an Arizona Eviction Notice (more specifically called a 5-Day Notice to Pay Rent or Vacate) to kick off the process. That said, as a result of the COVID-19 pandemic, several limitations and protections have been put in place. Although the federal eviction moratorium has been struck down, the state of Arizona has the authority to create and enforce its own standards for evictions. Check out the ask a local lawyer , if you are still unsure.
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Do I need to make an Eviction Notice in Arizona?
If you would like to legally evict tenants from your rental property, you must always serve them a Notice of Eviction. Some of the most common reasons behind why you might need one are:
- The tenant is behind on rent
- The tenant brings in a dog or cat and the lease agreement contains a no-animals policy
- The tenant gets a subletter in breach of the agreement
- The tenant has caused material damage to the unit
- The tenant harasses or disturbs the other renters
- The tenant is using their unit illicitly
In addition to these examples, a tenant typically may be evicted by their landlord due to other reasons unrelated to their personal conduct. For example, if the owner plans to move in. Please note that the list presented above is not comprehensive and the legally permitted reasons for evicting a tenant are subject to change based on your particular municipality. If you have any particular concerns or hesitations with regard to Arizona eviction laws, you can ask an attorney.
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What is necessary in an Arizona Notice to Vacate?
When ready, you can click on "Make document" to take a closer look at the Arizona Eviction Notice sample. The specific details that you typically may want to include are:
- The location and description of your property
- Contact information for your tenant
- For what period(s) of time rent has gone unpaid (if applicable)
- What the duration of the notice period will be
- What clauses in the lease have been violated
Of course, if the tenant is not in the wrong, you may wish to provide more details since the decision could be a surprise. Using the document tool, you have the ability to implement additional personalized editing, as well. You'll need to verify that any policies and terms that you make note of in the Eviction Notice are spelled out in the fully executed rental agreement.
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How will Arizona eviction laws affect me as a property owner?
Eviction laws can change over time and the actual legal process and guidelines can be somewhat complex. In certain cases, there might be different requirements depending on what the reason is for the tenant's eviction and how long they have occupied the unit. As a result, it's recommended that every property owner consult an eviction attorney when making a Notice of Eviction to any tenant.
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Can I create an Arizona Eviction Notice template for free?
The great news is that you don't have to start from scratch when drafting your document. With Rocket Lawyer, you are able to create Arizona Eviction Notices very easily. Your notice is constructed piece by piece as you enter details. This route, in many cases, will be much more affordable than finding and working with a conventional provider.
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What does it normally cost to evict a tenant in Arizona?
The fees associated with finding and hiring a traditional legal provider to create a Notice of Eviction might total anywhere between a few hundred dollars and thousands, if your situation is complex. Rocket Lawyer is not your average eviction template provider. With our service, any landlord or property manager under a Rocket Lawyer Premium membership has access to up to a 40% discount when hiring an attorney from our Rocket Lawyer attorney network. If you wish to understand the total cost of eviction, you will need to take into consideration the fees associated with filing court documents, attorney fees, the value of unrecovered payments, storage and/or cleaning fees, and finally the time and money spent looking for new tenants.
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How much time does it take to go through the Arizona eviction process from beginning to end?
The length of the eviction process for Arizona will usually depend on the notice period required, as well as the overall volume of proceedings happening at the same time. Below, you will find a basic explanation of Arizona notice periods:
- Non-payment of rent: 5-day notice
- Rental contract violations: 10-day notice for material non-compliance
- No fault of tenant: 30-day notice
When your pre-defined notice period is over, the eviction itself may still take from 30 to 45 days. Please note that in particular types of housing, including where rent is subsidized by the government, the mandated notice period may be even longer.
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Should I work with an attorney if I am evicting someone in Arizona?
While you can build an Eviction Notice without support, most landlords who go to court will have a lawyer represent them. Getting an attorney to comment on your Arizona Eviction Notice might be time-consuming and fairly costly. A more cost-effective option is via Rocket Lawyer attorney services. When you become a Premium member, you can get your documents reviewed or send specific legal questions. Whether you need to make more AZ Eviction Notices or other documents from our library, we're by your side.
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Is anything else required after I write a Notice of Eviction/Notice to Quit in Arizona?
Once you have completed your Arizona Eviction Notice with Rocket Lawyer, you'll be able to retrieve it anytime and anywhere. With a Premium membership, you may make edits, make a copy, download it as a PDF document or Word file, and/or print it out when needed. You must sign it before it is served on the tenant. You can choose from a few methods when serving the notice:
- Hire a process server
- Deliver the notice by hand
- Send it by certified mail (if authorized by the court)
Please remember that "self-help" or "DIY" evictions are illegal in Arizona. Property owners should not shut off utilities and services, throw out belongings, change the locks, or attempt to intimidate their tenants in any way in an effort to remove them. Taking the appropriate lawful actions leading up to and throughout the eviction proceedings is critical to removing tenants successfully with an official judgment from the court.
