Notice to Cure or Quit (Arizona) — 10-Day, 5-Day Health/Safety, and Material & Irreparable Breach

NOTICE OF NONCOMPLIANCE — CURE OR QUIT — ARIZONA

Pursuant to A.R.S. § 33-1368(A) — Arizona Residential Landlord and Tenant Act

TABLE OF CONTENTS

1. Caption / Identification of Parties and Premises
2. Notice Type Selected
3. Section A — 10-Day Notice (Material Noncompliance)
4. Section B — 5-Day Notice (Health and Safety)
5. Section C — Immediate Notice (Material and Irreparable Breach)
6. Section D — Recurrence Within 12 Months (No Cure Required)
7. Specification of the Acts or Omissions Constituting the Breach
8. Cure Instructions and Deadline
9. Reservation of Rights and No Waiver
10. Tenant Rights and Defenses
11. Service / Proof of Service
12. Signature Block
13. Arizona Practice Notes
14. Sources and References

1. CAPTION / IDENTIFICATION OF PARTIES AND PREMISES

2. NOTICE TYPE SELECTED

Select ONE. This notice is being served as:

☐ Section A — 10-Day Notice to Cure or Quit (material noncompliance with rental agreement other than rent or health/safety) — A.R.S. § 33-1368(A) ¶ 1.

☐ Section B — 5-Day Notice to Cure or Quit (noncompliance with A.R.S. § 33-1341 materially affecting health and safety) — A.R.S. § 33-1368(A) ¶ 2.

☐ Section C — Immediate Notice of Material and Irreparable Breach (no cure period) — A.R.S. § 33-1368(A) ¶ 3.

☐ Section D — 10-Day Termination for Recurrence Within Twelve Months (no cure) — A.R.S. § 33-1368(A) ¶ 1 (final sentence).

3. SECTION A — 10-DAY NOTICE (MATERIAL NONCOMPLIANCE)

YOU ARE HEREBY NOTIFIED, pursuant to A.R.S. § 33-1368(A), that you are in material noncompliance with the rental agreement governing the above-described residential premises by reason of the acts or omissions identified in Section 7. The rental agreement will terminate on a date not less than ten (10) days after your receipt of this notice if the breach is not remedied within ten (10) days.

If the breach is not cured by the deadline stated in Section 8, the landlord will proceed to file a special detainer action under A.R.S. § 33-1377 and will seek restitution of the premises, damages, court costs, and attorney's fees.

4. SECTION B — 5-DAY NOTICE (HEALTH AND SAFETY)

YOU ARE HEREBY NOTIFIED, pursuant to A.R.S. § 33-1368(A), that you are in noncompliance with A.R.S. § 33-1341 (tenant obligation to maintain dwelling unit) materially affecting health and safety by reason of the acts or omissions identified in Section 7. The rental agreement will terminate on a date not less than five (5) days after your receipt of this notice if the breach is not remedied within five (5) days.

If the breach is not cured by the deadline stated in Section 8, the landlord will proceed to file a special detainer action under A.R.S. § 33-1377.

5. SECTION C — IMMEDIATE NOTICE (MATERIAL AND IRREPARABLE BREACH)

YOU ARE HEREBY NOTIFIED, pursuant to A.R.S. § 33-1368(A), that you have committed a material and irreparable breach of the rental agreement and Arizona law by reason of the acts identified in Section 7. The conduct alleged falls within at least one of the following statutory categories:

☐ Discharge of a weapon as defined in A.R.S. § 13-3101.
☐ Homicide as defined in A.R.S. §§ 13-1102, 13-1103, 13-1104, 13-1105.
☐ Prostitution as defined in A.R.S. § 13-3211.
☐ Criminal street gang activity as prescribed in A.R.S. § 13-105.
☐ Activity as prohibited in A.R.S. § 13-2308.
☐ Threatening or intimidating as prescribed in A.R.S. § 13-1202.
☐ Assault as prescribed in A.R.S. § 13-1203.
☐ Acts that constitute a nuisance as defined in A.R.S. § 12-991.
☐ Unlawful manufacture, sale, transfer, possession, use, or transportation of marijuana, dangerous drugs, narcotic drugs, or precursor chemicals (A.R.S. §§ 13-3405, 13-3407, 13-3408).
☐ Material falsification of information on the rental application (occupancy, pets, income, SSN, employment, criminal record, prior eviction record, or current criminal activity).
☐ Other material and irreparable breach: [__________________________].

THIS BREACH IS NOT CURABLE. The rental agreement is hereby terminated effective immediately upon your receipt of this notice. You must vacate the premises immediately. The landlord will file a special detainer action under A.R.S. § 33-1377(E), under which trial shall be set not later than the third day after filing, and a writ of restitution may issue between 12 and 24 hours after judgment under A.R.S. § 12-1178.

6. SECTION D — RECURRENCE WITHIN 12 MONTHS (NO CURE REQUIRED)

YOU ARE HEREBY NOTIFIED that you previously received written notice of noncompliance dated [__/__/____] for substantially the same conduct identified in Section 7 of this notice. Pursuant to A.R.S. § 33-1368(A), where a substantially similar act of noncompliance recurs within twelve (12) months, the landlord may terminate the rental agreement upon at least ten (10) days written notice without providing an opportunity to cure.

The rental agreement will terminate on [__/__/____] (which is not less than ten days after your receipt of this notice). You must vacate by that date.

7. SPECIFICATION OF THE ACTS OR OMISSIONS CONSTITUTING THE BREACH

The following acts or omissions constitute the breach for which this notice is served. Each entry identifies the specific lease provision or statute violated, the date(s) of the conduct, the location, and the factual basis (Arizona courts require specificity sufficient to allow the tenant to identify and remedy the breach):

8. CURE INSTRUCTIONS AND DEADLINE

Subject to the notice type selected, you may avoid termination of the rental agreement by curing the breach as follows:

Cure deadline: [__/__/____] at 11:59 p.m. (the [tenth / fifth] calendar day after your receipt of this notice).

If the breach is the type identified in Section C (material and irreparable) or Section D (recurrence), NO CURE IS AVAILABLE and the rental agreement terminates on the date stated in Section 5 or Section 6.

To verify cure, contact the landlord at the address and phone number in Section 12. The tenant should keep written documentation (photographs, receipts, repair invoices, removal of unauthorized persons, etc.) of any cure performed.

9. RESERVATION OF RIGHTS AND NO WAIVER

This notice and any cure performed by the tenant shall not be construed as a waiver of any past, present, or future breach; an extension of any deadline; an offer to renew the tenancy; or an acceptance of partial performance. Acceptance of rent following service of this notice shall not waive the breach unless expressly agreed in writing signed by the landlord. The landlord expressly reserves all rights and remedies under the rental agreement, ARLTA, and other applicable law.

10. TENANT RIGHTS AND DEFENSES

You may have legal defenses, including but not limited to:

• Defective notice — failure to specify acts/omissions, wrong cure period, improper service.
• Habitability — A.R.S. § 33-1324 imposes a duty on the landlord to maintain fit premises; some breaches alleged against tenants are caused by the landlord's failure to repair.
• Retaliation — A.R.S. § 33-1381 presumes retaliation if the notice follows within six months a tenant complaint about habitability, code violations, or wage-price violations, or tenant union activity.
• Self-help eviction — A.R.S. § 33-1367 prohibits lockouts and utility shutoffs; tenant may recover two months' rent or twice actual damages.
• Discrimination — federal Fair Housing Act, 42 U.S.C. § 3601 et seq.; Arizona Civil Rights Act, A.R.S. § 41-1491.14; Phoenix and Tucson source-of-income ordinances.
• Servicemembers Civil Relief Act — 50 U.S.C. § 3901 et seq.
• VAWA — 34 U.S.C. § 12491 protects survivors of domestic violence in covered housing programs.

Free / low-cost legal assistance:

• Community Legal Services: communitylegalaz.org
• Southern Arizona Legal Aid: sazlegalaid.org
• DNA-People's Legal Services: dnalegalservices.org
• Arizona Court Help Self-Service: azcourthelp.org

11. SERVICE / PROOF OF SERVICE

This notice was served upon the tenant(s) named above by the following method on the date indicated:

☐ Personal delivery to the tenant on [__/__/____] at [____ a.m. / p.m.].
☐ Personal delivery to a person of suitable age and discretion residing at the premises (name: [__________________________]) on [__/__/____].
☐ Certified mail, return receipt requested, on [__/__/____]. Tracking #: [______________].
☐ Conspicuous posting on the main entry door on [__/__/____] AND mailing on the same day.
☐ Other authorized method per rental agreement § [____]: [__________________________].

I declare under penalty of perjury under the laws of the State of Arizona that the foregoing is true and correct.

12. SIGNATURE BLOCK

13. ARIZONA PRACTICE NOTES

1. Specificity. Arizona Justice Courts dismiss eviction complaints predicated on cure-or-quit notices that do not state the acts and omissions with enough particularity for the tenant to remedy them. Cite the specific lease paragraph and statute and describe dates, conduct, and witnesses.
2. Cure window timing. Day 1 is the day AFTER receipt; the period is in calendar days; if the last day falls on a weekend or holiday, the period extends to the next business day under Arizona Rules of Procedure for Eviction Actions Rule 4.
3. Material falsification. The 2014 amendment to § 33-1368(A) classifies material falsification of application information as material and irreparable, NOT curable. Document the falsification with the original application and the contradicting evidence.
4. Material & irreparable breach speed. Trial within 3 days; writ within 12–24 hours of judgment (§§ 33-1377(E), 12-1178). Have evidence (police reports, witness statements, photographs) ready at filing — there is no time for discovery.
5. Recurrence. The 12-month "recurrence" rule (no cure) requires that the landlord previously gave a valid notice for a substantially similar breach. Attach the prior notice as an exhibit.
6. Habitability counterclaim. Tenant may raise § 33-1324 as a defense if the noncompliance is rooted in the landlord's failure to repair (e.g., bug infestation cited as a nuisance against the tenant when the building is responsible).
7. Mobile home parks. ARMHPLLA (§ 33-1401 et seq.) governs separately. Notice periods, service rules, and cause categories differ.
8. Federal CARES Act. Properties subject to federally backed mortgages or covered programs require 30 days notice to vacate under 15 U.S.C. § 9058(c). Check property status before issuing this notice for any reason that would terminate possession.

14. SOURCES AND REFERENCES

• A.R.S. § 33-1368, Noncompliance with rental agreement: https://www.azleg.gov/ars/33/01368.htm
• A.R.S. § 33-1341, Tenant obligations: https://www.azleg.gov/ars/33/01341.htm
• A.R.S. § 33-1377, Special detainer actions: https://www.azleg.gov/ars/33/01377.htm
• A.R.S. § 33-1324, Landlord to maintain fit premises: https://www.azleg.gov/ars/33/01324.htm
• A.R.S. § 12-1178, Writ of restitution: https://www.azleg.gov/ars/12/01178.htm
• Arizona Department of Housing — ARLTA (May 2023 ed.): https://housing.az.gov/sites/default/files/2024-07/Landlord_Tenant_Act_May-2023_1.pdf
• AZ Court Help — Eviction Resources: https://azcourthelp.org/browse-by-topic/eviction
• Arizona State Bar — Residential Eviction Actions: https://www.azbar.org/media/u3rjh40f/residential-eviction-actions-2013.pdf
• Arizona Rules of Procedure for Eviction Actions: https://www.azcourts.gov/rules

END OF NOTICE