Arizona 10-Day Eviction Notice Overview
Arizona is one of the states where the 10-day eviction notice plays a central role in landlord-tenant law. The Arizona Residential Landlord and Tenant Act (A.R.S. Title 33, Chapter 10) establishes a tiered notice system: 5 days for non-payment of rent, 10 days for material noncompliance or health and safety violations, and immediate unconditional notices for irreparable breaches. The 10-day notice is by far the most commonly used notice type for lease violations in Arizona.
Arizona's hot climate creates unique violation scenarios. Tenants who block air conditioning systems, create standing water that breeds mosquitoes, or allow vegetation overgrowth that poses fire risk in desert areas may trigger health and safety violations under A.R.S. §33-1368. The Maricopa County Justice Courts (serving the Phoenix metro area) handle the highest volume of eviction filings in the state, processing thousands of Special Detainer cases annually.
10 Days
Health/safety violations
5 Days
Non-payment of rent
$35-$65
Filing fee
2-3 Wks
Uncontested timeline
When Arizona Requires a 10-Day Notice
Arizona's 10-day notice applies to a broad range of lease violations. Understanding which notice period applies to your specific situation is essential because Arizona Justice Courts will dismiss cases where the wrong notice period was used.
| Situation | Notice Period | Statute |
|---|---|---|
| Health/safety violations | 10 days to cure or vacate | A.R.S. §33-1368(A) |
| Material lease noncompliance | 10 days to cure or vacate | A.R.S. §33-1368(A) |
| Non-payment of rent | 5 days to pay or vacate | A.R.S. §33-1368(B) |
| Irreparable breach (drugs, assault) | Immediate unconditional quit | A.R.S. §33-1368(A) |
| Month-to-month termination | 30 days | A.R.S. §33-1375 |
A.R.S. Title 33 Legal Requirements
The Arizona Residential Landlord and Tenant Act sets strict requirements for eviction notices. Arizona Justice Courts regularly dismiss cases for defective notices, making precise compliance essential.
Arizona-Specific Warning
Arizona law under A.R.S. §33-1368(A) requires that the notice specify the act or omission constituting the breach and state that the rental agreement will terminate upon a date not less than 10 days after receipt of the notice. If the same violation recurs within 6 months, the landlord may deliver an unconditional notice requiring the tenant to vacate in not less than 10 days. Maricopa and Pima County courts are particularly strict about notice specificity.
Notice Content Requirements
- Specific Breach: Identify the exact act or omission constituting the breach, referencing the specific lease provision violated
- Cure Period: State that the tenant has 10 days to remedy the breach or the rental agreement terminates on a specified date
- Termination Date: Include the specific date on which the rental agreement will terminate if the violation is not cured
- Property Address: Full address of the rental property including unit number, city, and Arizona county
- Service Method Compliance: Serve via personal delivery, substitute service plus certified mail, or posting plus certified mail per A.R.S. §33-1313
- Repeat Violation Warning: Note that a repeat of the same violation within 6 months may result in unconditional termination
How to Serve a 10-Day Notice in Arizona
A.R.S. §33-1313 governs notice delivery methods. Arizona requires that if personal delivery is not possible, a mailed copy must accompany any alternative service method. The 5-day mail extension rule is commonly overlooked by landlords.
Personal Delivery (Best Method)
Hand the notice directly to the tenant. The 10-day period starts the day after delivery. Use a witness or process server for documentation
Substitute Service + Certified Mail
Leave with a person of suitable age at the dwelling AND send a copy by certified or registered mail. Add 5 calendar days for mailing under A.R.S. §33-1313(C)
Post and Mail
Affix notice to the front door in a conspicuous manner AND send a copy by certified or registered mail. Add 5 calendar days for the mailing component
Document Service Thoroughly
Photograph posted notices, retain certified mail receipts, and prepare an affidavit of service. Arizona Justice Courts require proof of proper service before proceeding
File Special Detainer After Expiration
If the tenant does not cure or vacate, file a Special Detainer action in the Justice Court precinct where the property is located
Arizona Eviction Court Process & Timeline
Arizona's eviction process through Justice Court is among the fastest in the nation. The Special Detainer action is designed for expedited resolution, with strict timelines that benefit landlords who have properly followed the notice requirements.
After filing the complaint, the court issues a summons that must be served on the tenant. The tenant has at least 2 business days to file a written answer. If no answer is filed, the landlord can request a default judgment. If the tenant answers, a hearing is typically scheduled within 3 to 6 business days. Arizona law provides for a 5-calendar-day appeal period after judgment, during which the tenant can post a supersedeas bond to stay execution.
In Maricopa County (Phoenix metro), uncontested evictions from filing to lockout typically take 2 to 3 weeks. Pima County (Tucson) operates on a similar timeline. Contested cases with tenant defenses can extend to 4 to 6 weeks. The constable enforces the Writ of Restitution, usually within 24 to 48 hours of issuance.
Arizona Filing Fees & Costs
Filing fees vary by county and Justice Court precinct. Below are typical costs for eviction proceedings in Arizona's most populated counties.
| Fee / Cost | Amount |
|---|---|
| Special Detainer Filing (Maricopa Co.) | $45 |
| Special Detainer Filing (Pima Co.) | $41 |
| Service of Process (Constable) | $30 - $50 |
| Writ of Restitution | $25 - $40 |
| Attorney Fees (if hired) | $500 - $2,000 |
| Lockout / Constable Enforcement | $75 - $150 |
Sample Arizona 10-Day Eviction Notice
Below is a preview of an Arizona-compliant 10-day notice for material noncompliance under A.R.S. §33-1368(A). This template includes the required cure language and repeat-violation warning.
10-DAY NOTICE OF MATERIAL NONCOMPLIANCE
STATE OF ARIZONA
Pursuant to A.R.S. §33-1368(A)
TO TENANT(S):
Name: [Full Legal Name]
Property: [Arizona Property Address]
MATERIAL NONCOMPLIANCE:
You are in material noncompliance with your rental agreement in that you have committed the following act(s) or omission(s): [specific violation], which violates Section [#] of your lease agreement.
CURE OR VACATE:
You have TEN (10) DAYS from the date of delivery of this notice to cure the above noncompliance. If the breach is not remedied within 10 days, your rental agreement will terminate on[date].
REPEAT VIOLATION WARNING
Per A.R.S. §33-1368(A), if a substantially similar breach recurs within six months, an unconditional termination notice may be issued requiring you to vacate within 10 days with no opportunity to cure.