Arizona Non-Payment of Rent Notice Overview
Arizona's eviction process for non-payment of rent is governed by the Arizona Residential Landlord and Tenant Act (ARLTA), codified at A.R.S. §33-1301 through 33-1381. Under A.R.S. §33-1368(B), when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 5 days to pay or vacate. This is one of the shorter notice periods nationally, reflecting Arizona's landlord-friendly eviction framework.
Arizona courts handle evictions (called special detainer actions) through the Justice Court system for most residential properties. The state's warm climate means there are no seasonal eviction restrictions, and the process moves relatively quickly compared to many other states. Maricopa County (Phoenix) and Pima County (Tucson) handle the highest volume of eviction cases in the state.
5 Days
Notice period
$52
Avg. filing fee
Yes
Right to cure
2-4 wks
Court process
Arizona's 5-Day Notice Requirement
Under A.R.S. §33-1368(B), when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 5 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply. The 5-day period is counted in calendar days, starting the day after service of the notice.
Arizona allows landlords to immediately file a special detainer action if tenant has been served a 5-day notice within the past 12 months for the same violation.
Arizona Repeat Offender Rule
Under A.R.S. §33-1368(B), if the tenant has been served a 5-day non-payment notice within the past 12 months, the landlord may serve a notice giving only 5 days with no right to cure. On the second occasion, the notice can be unconditional, meaning the tenant must vacate regardless of whether they pay. This is one of the strongest repeat-offender provisions in the country.
Arizona Legal Requirements (A.R.S. §33-1368)
For the notice to be valid under Arizona law, it must meet specific requirements established by statute and interpreted by Arizona courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under Arizona law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- 5-Day Cure Period: Clearly state the tenant has 5 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
Arizona Grace Period & Late Fee Rules
No statutory grace period. Lease-dependent only. Understanding Arizona's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
No statutory cap. Must be reasonable (5-10% typical). Must be in lease. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with Arizona law.
Arizona Late Fee Quick Reference
Grace Period
No statutory grace period.
Late Fee Rule
No statutory cap.
Partial Payment
Does not cure notice. Acceptance may waive eviction.
Right to Cure
Yes. Tenant may pay full amount within 5 days.
How to Serve a Non-Payment Notice in Arizona
Arizona law specifies acceptable methods for delivering the 5-day notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. Arizona courts require proof of proper service before proceeding with eviction.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by Arizona courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The 5-day period begins when the tenant receives the mail.
File After Notice Expires
After the full 5 days have passed without payment, file an eviction complaint in Arizona Justice Court. Include the original notice and proof of service with your filing.
Arizona Non-Payment Eviction Timeline
The Arizona eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 5-Day Notice to Pay or Quit | Day 1 |
| Notice period expires | Day 6 |
| File special detainer in Justice Court | Day 6-8 |
| Summons issued and served (min 2 days before hearing) | Day 8-12 |
| Court hearing (3-6 days after filing) | Day 10-14 |
| Judgment entered (same day if landlord wins) | Day 10-14 |
| Writ of restitution issued (5 calendar days after judgment) | Day 15-19 |
Total estimated time: 2-4 weeks for uncontested cases. Arizona is one of the fastest states for eviction processing.
Arizona Eviction Filing Fees & Costs
Filing fees for eviction actions in Arizona vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| Justice Court Filing Fee | $35 - $70 |
| Service of Process | $30 - $75 |
| Writ of Possession/Restitution | $25 - $75 |
| Attorney Fees (if hired) | $500 - $2,000 |
| Appeal (if needed) | $73 - $250 |
Sample Arizona 5-Day Non-Payment Notice
Below is a preview of our Arizona-specific non-payment notice. The final document includes all statutory language required under A.R.S. §33-1368(B) and is formatted for Arizona court proceedings.
FIVE (5) DAY NOTICE TO PAY OR QUIT
STATE OF ARIZONA
Pursuant to A.R.S. §33-1368(B)
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full Arizona Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
ARIZONA STATUTORY NOTICE:
You have FIVE (5) DAYS from the date of delivery of this notice to pay the full amount of rent due or vacate the premises. If you fail to pay or vacate within 5 days, your rental agreement will be terminated and the landlord will file a special detainer action in Arizona Justice Court to recover possession, unpaid rent, court costs, and reasonable attorney fees as permitted by A.R.S. §33-1368.