If you are a landlord an eviction notice is an essential legal instrument you need to prepare with care. Customize your own Arizona eviction notice with our step-by-step template designer.
Last Update June 20th, 2022
- Eviction Notice Types
- Arizona Eviction Laws
- Arizona Eviction Process
- Arizona Eviction Notice Sample
- FAQs About Arizona Eviction Notices
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Eviction Notice Types
It’s necessary to provide the correct type of Arizona eviction notice to the tenant you’re removing from your property. If you don’t, the eviction could be overturned or take significantly longer to complete.
You must give your tenant the precise legal document for the situation, detailing a valid legal reason for the eviction under AZ statutes. This will also affect how long you must give the resident as notice before they have to leave the property.
As seen below, there are a few different options in Arizona when completing an eviction.
5-Day Notice to Quit (Non-Payment)
If a tenant doesn’t comply with the rental payment schedule, the landlord may present them with a 5-Day Notice to Quit. This obliges them to pay rent or quit within 120 hours.
If the tenant complies and pays the rent then the notice will be nullified. If they refuse to pay or vacate the property, the landlord will be able to pursue the matter further through the courts.
10-Day Notice to Quit (Non-Compliance)
If a tenant fails to comply with the terms of the lease, aside from not paying rent, landlords may issue them with a 10-Day Notice to Quit. This gives them 240 hours to correct the issue or leave the property.
Assuming the tenant corrects the violation, the notice will be rendered invalid and a new eviction warning will need to be issued if other breaches of the contract occur.
However, unconditional 10-Day Non-Compliance notices can be issued too for more serious offenses. These don’t give the tenant any chance to correct their breach of the lease. Furthermore, a 5-Day Notice can be issued in the event of a breach of the lease that creates a hazard to health and safety.
10-Day Notice to Quit (Week-to-Week)
10 Day-Notice to Quit documents are used to evict month-to-month tenants or those who don’t have a fixed lease without providing any given cause. This allows the landlord to inform the tenant that they must vacate the property within 10 days or face a legal challenge.
30-Day Notice to Quit (Month-to-Month)
30 Day-Notice to Quit documents are used to evict month-to-month tenants or those who don’t have a fixed lease without providing any given cause. This allows the landlord to inform the tenant that they must vacate the property within 30 days or face a legal challenge.
Arizona Eviction Laws
You can only evict someone in Arizona if they’ve committed a legally valid breach of the lease under AZ statutes. Not only that, but you must also make sure to provide the correct amount of days’ notice to avoid the eviction from being challenged in court.
To evict someone in Arizona, this means conforming with the following legal requirements:
Nonpayment of rent: 5 days’ notice
Lease violations: 10 days’ notice
Termination of a lease (Week-to-Week): 10 days’ notice
Termination of a lease (Month-to-Month): 30 days’ notice
Breach of lease creating a hazard to health and safety: 5 days’ notice
The notice must also be served to the tenant in compliance with the property laws in Arizona. It should be presented to them as a written notice or letter, detailing the information on why and when the lease is ending.
Arizona Eviction Process
There are a number of crucial steps to follow when evicting a tenant in Arizona. These police how the notice must be served and what you’ll need to do if the tenant still refuses to vacate the property.
To successfully evict your tenant in Arizona with an eviction notice, you’ll need to do the following:
Serve a valid eviction notice giving the tenant sufficient time to leave based on the reasons for the lease termination.
The landlord may file for an eviction with their local court, if the tenant refuses to leave on their own.
Both the landlord and tenant can argue their case in the court, once the hearing date arrives.
The judge will decide whether the eviction can be upheld or not. If it is upheld, you can ask the clerk of the court for a Writ of Restitution.
When the Writ of Restitution has been granted, the document can be given to your local law enforcement agent, who will remove the tenant and their property from your real estate.
Arizona Eviction Notice Sample
When you prepare your own Arizona eviction notice, it can be hard to have a clear idea of what the final document will look like. If you need a little extra guidance on how your legal document will appear, simply review our eviction notice sample below.
FAQs About Arizona Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Arizona’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in Arizona?
To successfully evict a tenant in Arizona state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days’ notice and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location.
If the tenant doesn’t comply and leave the property as instructed, the landlord will then have to petition a court. If the judge rules in their favor they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How to Evict a Tenant in Arizona with No Lease?
Arizona landlords still need to serve a proper eviction notice even if the person residing on the property doesn’t have an official lease. In the case of month-to-month renters, this requires the landlord to provide a 30-Day Notice to Quit, before terminating their holdover or “at-will” tenancy.
It is important to bear in mind that landlords are still required to serve an eviction notice even when evicting squatters or illegal occupants.
How Long is the Eviction Process in Arizona?
The eviction process in Arizona usually only takes around 30 days to complete. If a valid eviction notice is delivered, this is often enough to get the tenant to leave or cure the issue (if allowed). This can reduce the time down to as little as 5 days from when the notice has been served.