Arizona 5-Day Eviction Notice Overview
Arizona's residential eviction framework is governed by the Arizona Residential Landlord and Tenant Act (ARLTA), codified at A.R.S. Title 33, Chapter 10. The state is one of approximately a dozen jurisdictions that uses a 5-day notice period for non-payment of rent, making it one of the faster eviction timelines in the nation. The relevant statute, A.R.S. Section 33-1368(B), requires the landlord to deliver written notice giving the tenant 5 days to pay the full amount owed or vacate the premises.
Arizona's eviction process is called a "special detainer" action, distinct from the "unlawful detainer" terminology used in many other states. Cases are heard in Justice Court for most residential disputes. The ARLTA applies to all residential rental agreements in Arizona, except for owner-occupied properties with two or fewer units and certain other exempt arrangements. Maricopa County (Phoenix metro) and Pima County (Tucson) process the highest volume of eviction filings statewide.
5 Days
Non-payment notice
$35-$68
Court filing fee
Justice
Court type
2-4 Wks
Total process
A.R.S. Section 33-1368(B) Explained
Arizona Is a True 5-Day Notice State
Unlike many states where the 5-day notice does not actually apply, Arizona explicitly requires a 5-day pay-or-quit period for non-payment of rent under A.R.S. Section 33-1368(B). This is the correct notice period for Arizona landlords to use.
Under A.R.S. Section 33-1368(B), when rent is unpaid when due and the tenant fails to pay within 5 days after written notice from the landlord, the rental agreement terminates. The notice must inform the tenant that unless payment is made within 5 days, the rental agreement is terminated. Arizona counts calendar days, and the day of service is not included in the count.
Arizona also provides different notice periods for other situations. Material health and safety violations require a 5-day notice under A.R.S. Section 33-1368(A) with no right to cure if the breach involves an immediate threat. Non-compliance with the lease (other than non-payment) requires a 10-day notice with an opportunity to cure within 10 days. For repeat non-payment, Arizona allows an unconditional 5-day quit notice on the third offense within 12 months.
Arizona Notice Periods at a Glance
| Eviction Reason | Notice Period | Statute |
|---|---|---|
| Non-Payment of Rent | 5 days | A.R.S. 33-1368(B) |
| Material Health/Safety Violation | 5 days (no cure if imminent) | A.R.S. 33-1368(A) |
| Lease Violation (Non-Compliance) | 10 days | A.R.S. 33-1368(A) |
| Repeat Non-Payment (3rd in 12 mo.) | 5 days unconditional | A.R.S. 33-1368(B) |
| Month-to-Month Termination | 30 days | A.R.S. 33-1375 |
Arizona Legal Requirements for 5-Day Notices
For a 5-day notice to withstand challenge in Arizona Justice Court, it must contain all elements required by the ARLTA. Arizona judges regularly dismiss eviction actions where the notice is deficient, so accuracy matters.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease or occupying the unit
- Property Address: Complete address including unit number, city, county, and ZIP code
- Amount Owed: Specific dollar amount of rent due, itemized if multiple months are owed, plus any authorized late fees
- 5-Day Deadline: Clear statement that the tenant has 5 days from service to pay in full or the rental agreement terminates
- Consequences Statement: Language that failure to pay or vacate will result in the landlord filing a special detainer action
- Payment Instructions: How and where the tenant can deliver payment (office address, hours, acceptable forms of payment)
- Landlord/Agent Info: Name, address, and phone number of the landlord or property management company
How to Serve a 5-Day Notice in Arizona
Arizona law at A.R.S. Section 33-1313 specifies the acceptable methods for delivering eviction notices. Improper service is one of the most common defenses raised by tenants in Maricopa and Pima County Justice Courts, so following these steps precisely is essential.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant. Under A.R.S. Section 33-1313(B), personal delivery is the gold standard. Use a witness or process server for documentation.
Delivery to a Household Member
If the tenant is not home, leave the notice with a person of suitable age and discretion at the dwelling. Record the name of the person who accepted service.
Post and Mail
As a last resort, affix the notice to the main entry door and simultaneously mail a copy via certified or registered mail. Arizona adds 5 additional days when mailing is used.
Document the Service
Complete a proof-of-service declaration noting the date, time, method, and any witnesses. Arizona Justice Courts require proof of service when filing the complaint.
File in Justice Court After Expiration
If the tenant does not pay or vacate by day 5, file a special detainer complaint at the Justice Court in the precinct where the property is located.
Arizona Eviction Timeline
Arizona has one of the fastest eviction processes in the country. The special detainer procedure is designed for speed, and Justice Courts are required to prioritize these cases. A straightforward uncontested eviction in Arizona can be completed in as little as 2 to 3 weeks from the date the 5-day notice is served.
After the 5-day notice expires and the complaint is filed, the court must set a hearing within 3 to 6 days under A.R.S. Section 12-1175.01. The tenant must be served at least 2 days before the hearing. At the hearing, the judge reviews the notice, lease, and evidence of service. If the landlord prevails, a judgment for possession is entered immediately.
The tenant has 5 calendar days to file an appeal to Superior Court. If no appeal is filed, the court issues a writ of restitution, and the constable or sheriff executes the lockout, usually within 24 to 72 hours. Self-help evictions are illegal under A.R.S. Section 33-1367 and expose the landlord to liability for up to two months' rent plus actual damages.
Arizona Eviction Filing Fees & Costs
Filing fees vary by Arizona county and Justice Court precinct. Below are the typical costs landlords should expect. Maricopa County processes over 50,000 eviction filings annually, making it the highest-volume eviction jurisdiction in the state.
| Fee / Cost | Typical Amount |
|---|---|
| Justice Court Filing Fee | $35 - $68 |
| Service by Constable/Sheriff | $30 - $55 |
| Writ of Restitution | $55 - $100 |
| Attorney Fees (Uncontested) | $500 - $2,000 |
| Appeal to Superior Court | $200 - $350 |
Sample Arizona 5-Day Pay or Quit Notice
Below is a preview of the Arizona-specific 5-day notice for non-payment of rent. The document references A.R.S. Section 33-1368(B) and includes all elements required by Arizona Justice Courts.
FIVE-DAY NOTICE TO PAY OR QUIT
STATE OF ARIZONA
Pursuant to A.R.S. Section 33-1368(B)
TO TENANT(S):
Name(s): [All Tenant Names]
Property: [Full Arizona Address]
County: [Maricopa / Pima / etc.]
DEMAND FOR PAYMENT:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to A.R.S. Section 33-1368(B), you have FIVE (5) DAYS from the date of service to pay the total amount due or surrender possession.
ARIZONA COMPLIANCE
This notice complies with the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33, Chapter 10). The 5-day period is the statutory minimum for non-payment of rent under Arizona law.