Legal Notice - Eviction

NOTICE OF DEFAULT AND DEMAND FOR POSSESSION

(Arizona Residential Tenancy – Eviction Notice)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
XI. Certificate of Service

I. DOCUMENT HEADER

1. Title
   NOTICE OF DEFAULT AND DEMAND FOR POSSESSION (“Notice”)

2. Parties
   a. Landlord: [LANDLORD LEGAL NAME], [entity type], with principal address at [ADDRESS] (“Landlord”).
   b. Tenant: [TENANT LEGAL NAME], residing at [PREMISES ADDRESS] (“Tenant”).

3. Premises Identification
   The residential real property commonly known as [PREMISES ADDRESS, including unit #, city, county, AZ ZIP] (the “Premises”).

4. Lease Identification
   Residential Lease Agreement dated [LEASE DATE] between Landlord and Tenant (the “Lease”).

5. Effective Date & Jurisdiction
   This Notice is effective as of [DATE OF NOTICE] and governed exclusively by the Arizona Residential Landlord and Tenant Act and other applicable laws of the State of Arizona.

II. DEFINITIONS

For purposes of this Notice, capitalized terms have the meanings set forth below. Terms defined in the Lease have the same meaning herein unless expressly modified.

“A.R.S.” – The Arizona Revised Statutes.
“Default” – The Lease breach described in Section III.
“Demand Date” – The calendar date by which Tenant must either cure the Default or surrender possession, calculated per applicable A.R.S. notice period.
“Notice Period” – The statutory minimum number of days between service of this Notice and the Demand Date.
“Possession Date” – Same as “Demand Date.”
“Rent” – All monetary obligations of Tenant for the use and occupancy of the Premises as defined in the Lease.

III. OPERATIVE PROVISIONS

3.1 Nature of Default
Landlord hereby gives formal notice that Tenant is in material breach of the Lease as follows:
a. Type of Breach: [SELECT ONE]
• Non-Payment of Rent (A.R.S. § 33-1368(B))
• Material Non-Compliance with Lease/Act (A.R.S. § 33-1368(A))
• Irreparable/Health–Safety Breach (A.R.S. § 33-1368(A))
• Unlawful Conduct (A.R.S. § 33-1368(A))
b. Factual Basis: [DETAILED DESCRIPTION OF DEFAULT].
c. Amount Due (if applicable): $[AMOUNT], representing [RENT/FEES] through [DATE], plus any additional sums accruing thereafter.

3.2 Statutory Notice Period
Pursuant to the selected statute above, the Notice Period is [5 / 10 / 0] calendar days, exclusive of the date of service, unless a longer period is elected by Landlord below.

3.3 Demand for Cure or Surrender
Tenant must, on or before [DEMAND DATE]:
i. Fully cure the Default (including payment of all outstanding sums and any accrued late fees), OR
ii. Peaceably surrender and vacate the Premises, returning all keys and access devices to Landlord.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord Authority
Landlord represents that it is the legal owner/authorized agent of the Premises and empowered to issue this Notice.

4.2 Accuracy
Landlord warrants that the factual statements herein are true and correct to the best of Landlord’s knowledge.

V. COVENANTS & RESTRICTIONS

5.1 Tenant Covenant to Cure or Vacate
Tenant covenants to either cure the Default or surrender possession by the Demand Date.

5.2 No Unauthorized Use
Until the earlier of cure or vacancy, Tenant shall comply strictly with all Lease terms and applicable laws.

VI. DEFAULT & REMEDIES

6.1 Failure to Cure or Vacate
If Tenant fails to timely cure or vacate, Landlord will initiate a forcible detainer action in the appropriate Arizona court without further notice and will seek:
a. Immediate possession of the Premises;
b. Monetary judgment for unpaid Rent, late fees, court costs, and attorney fees as permitted by A.R.S. § 33-1368(E); and
c. Such other relief as the court deems just.

6.2 Reservation of Rights
All Lease and statutory remedies are cumulative and preserved. Acceptance of partial payment shall not constitute waiver unless required by A.R.S. § 33-1371.

VII. RISK ALLOCATION

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Notice and any ensuing proceedings shall be governed by the laws of the State of Arizona.

8.2 Forum Selection
Any forcible detainer or related action shall be filed exclusively in the [NAME OF ARIZONA JUSTICE/HOUSING COURT HAVING VENUE].

8.3 Jury Rights
Nothing herein constitutes a waiver of any constitutional right to trial by jury where such right exists.

8.4 Injunctive Relief
Landlord expressly reserves the right to seek immediate possession and related equitable relief as provided by statute.

IX. GENERAL PROVISIONS

9.1 Amendment
This Notice may only be amended in a signed writing by Landlord.

9.2 Severability
If any portion of this Notice is deemed unenforceable, the remainder shall remain in full force.

9.3 Integration
This Notice constitutes the entire eviction notice concerning the Default and supersedes any prior oral or written notice on the same subject.

9.4 Time of Essence
All deadlines herein are of the essence.

9.5 Delivery Method Compliance
Service of this Notice complies with A.R.S. § 33-1313 and any superseding provisions.

X. EXECUTION BLOCK

Executed this [DATE OF NOTICE].

LANDLORD:
_____________________________________
[LANDLORD NAME]
Title (if entity): _____________________

TENANT ACKNOWLEDGMENT OF RECEIPT (optional):
_____________________________________
[TENANT NAME] – Date: ________________

XI. CERTIFICATE OF SERVICE

I, [NAME OF PERSON SERVING NOTICE], certify that on [DATE] I served this Notice upon Tenant by:

☐ Personal delivery at the Premises; OR
☐ Certified mail, return receipt requested, to Tenant’s last known address (effective five (5) days after mailing per A.R.S. § 33-1313(B)); OR
☐ Other method authorized under A.R.S. § 33-1313.

_____________________________________
Signature of Server