Arizona 3-Day Eviction Notice Overview
Arizona Uses 5-Day Notices, Not 3-Day
Arizona's Residential Landlord and Tenant Act (ARS Title 33, Chapter 10) requires a 5-day notice for non-payment of rent under ARS 33-1368(B). A 3-day notice is not recognized under Arizona law and would be legally insufficient to support an eviction case in Justice Court.
Arizona's landlord-tenant law is codified in the Arizona Revised Statutes, Title 33, Chapter 10 (ARS 33-1301 through 33-1381). The state adopted a modified version of the Uniform Residential Landlord and Tenant Act, which governs most residential rental relationships. Arizona is notable for having one of the faster eviction timelines in the country once a case reaches court, with hearings typically scheduled within 3 to 6 days of filing.
The Arizona eviction process begins with proper written notice. For non-payment of rent, the landlord must use the 5-day pay or quit notice. For other lease violations, the notice period is 10 days with a right to cure, or 10 days with no cure for material and irreparable breaches. Arizona also has special provisions for subsidized housing, mobile home parks, and military tenants that may alter these timeframes.
5 Days
Non-payment notice
$35-$60
Filing fee
10 Days
Lease violation notice
2-4 Wks
Court process
Arizona's 5-Day Notice for Non-Payment
Under ARS 33-1368(B), when a tenant fails to pay rent when due, the landlord may deliver a written notice specifying the amount owed and demanding payment within 5 days. If the tenant does not pay within 5 calendar days, the rental agreement terminates and the landlord may proceed to file in Justice Court.
5-Day Pay or Quit (ARS 33-1368(B))
The notice must state the exact amount of past-due rent (not including late fees or other charges) and give the tenant 5 calendar days to pay. Weekends and holidays are included in the count. The notice period begins the day after service. If the tenant pays in full, the notice is void.
10-Day Notice for Curable Violations (ARS 33-1368(A))
For other lease violations, the landlord must give written notice describing the violation and allowing 10 days to cure. If the same type of violation recurs within 6 months, the landlord may give a 5-day unconditional quit notice. This dual-notice system gives tenants a second chance for first offenses but allows faster action for repeat violations.
Immediate Unconditional Quit (ARS 33-1368(A))
For material and irreparable breaches involving illegal drugs, assault, threatening or intimidating behavior, or acts that pose an imminent threat to health and safety, the landlord may serve an immediate notice terminating the tenancy in 10 days with no right to cure. For drug-related activity, the notice can terminate the tenancy in as few as 24 hours under certain Phoenix ordinances.
ARS 33-1368 Requirements
To be upheld in Arizona Justice Court, a 5-day notice must meet specific statutory requirements. Arizona courts strictly enforce these requirements.
- Written Form: The notice must be in writing. Arizona does not recognize verbal eviction notices
- Exact Rent Amount: State only the base rent owed. Do not include late fees, utilities, or damages. Overstating the amount can void the notice
- Property Address: Include the full address of the rental property including unit number if applicable
- 5-Day Demand: Clearly state the tenant has 5 days to pay the rent or the rental agreement will terminate
- Payment Instructions: Specify where and how the tenant can make payment (address, acceptable payment methods)
- Date of Notice: Include the date the notice is served so the 5-day period can be calculated accurately
How to Serve an Eviction Notice in Arizona
Arizona law under ARS 33-1313 provides specific methods for delivering notices. Proper service is critical because improper service is the most common defense raised in Arizona eviction hearings.
Personal Delivery
Hand deliver the notice directly to the tenant or to an adult member of the tenant's household. This is the most reliable method. Use a process server or bring a witness to document delivery
Certified or Registered Mail
Send by certified or registered mail to the tenant's address. The notice period begins when the tenant receives or refuses delivery, not when mailed. Keep the receipt and tracking information
Conspicuous Posting
If the tenant is absent or refuses to answer, Arizona allows taping or affixing the notice to the door in a conspicuous manner. Also send a copy by regular mail. This combined method satisfies Arizona service requirements
Document and Wait
Record the date, time, and method of service. Take a photo of any posted notice. Wait the full 5 calendar days before filing. Do not accept partial rent during the notice period unless you intend to restart the process
Arizona Eviction Timeline
Arizona has one of the fastest eviction court processes in the country. After the 5-day notice expires, the landlord files a special detainer action in Justice Court under ARS 12-1173. The court must schedule a hearing within 3 to 6 days of service on the tenant.
At the hearing, the justice of the peace hears both sides. If the landlord wins, a judgment for possession is entered immediately. The clerk issues a writ of restitution, which gives the tenant typically 12 to 24 hours to vacate. If the tenant does not leave, the constable physically removes the tenant and the landlord can change the locks.
In Maricopa County (Phoenix), the entire process from notice to lockout can take as little as 2 to 3 weeks for uncontested cases. Pima County (Tucson) and other areas may take slightly longer due to court scheduling. If the tenant contests, requests a continuance, or files an appeal (which requires posting a bond), the process can extend to 4 to 8 weeks.
Arizona Court Fees & Costs
Arizona eviction costs vary by Justice Court precinct. Below are typical fees in Maricopa and Pima counties.
| Fee / Cost | Typical Amount |
|---|---|
| Special Detainer Filing Fee | $35 - $60 |
| Service of Process (Constable) | $30 - $50 |
| Writ of Restitution | $25 - $45 |
| Lockout by Constable | $75 - $150 |
| Attorney Fees (if hired) | $500 - $2,000 |
Sample Arizona 5-Day Eviction Notice
Below is a preview of an Arizona-compliant 5-day notice for non-payment. Arizona requires 5 days, not 3, so this template reflects actual ARS 33-1368(B) requirements.
5-DAY NOTICE TO PAY RENT OR QUIT
STATE OF ARIZONA
Pursuant to ARS 33-1368(B)
TO TENANT(S):
Name: [Tenant Full Name]
RENTAL PROPERTY:
Address: [Street, City, AZ ZIP]
County: [Arizona County]
RENT DUE:
Amount: $[Amount] for period: [Dates]
ARIZONA COMPLIANCE
This notice complies with ARS 33-1368(B) requiring a 5-day notice period for non-payment. Arizona does not use a 3-day notice for non-payment of rent.