Five-Day Notice to Pay Rent or Quit (Arizona)

FIVE-DAY NOTICE TO PAY RENT OR QUIT — ARIZONA

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

TABLE OF CONTENTS

1. Caption / Identification of Parties and Premises
2. Statutory Basis and Notice Title
3. Statement of Default — Rent Owed
4. Itemization of Sums Demanded
5. Demand and Election of Remedies
6. Method and Place of Payment
7. Partial-Payment Disclosure
8. Reservation of Rights and No Waiver
9. Tenant Rights and Resources
10. Service of Notice / Proof of Service
11. Signature Block
12. Arizona Practice Notes
13. Sources and References

1. CAPTION / IDENTIFICATION OF PARTIES AND PREMISES

2. STATUTORY BASIS AND NOTICE TITLE

YOU ARE HEREBY NOTIFIED, pursuant to Arizona Revised Statutes § 33-1368(B), that you are in default of the rental agreement governing the above-described residential premises by reason of nonpayment of rent. This is a FIVE (5) DAY NOTICE TO PAY RENT OR QUIT.

If full payment of the sums demanded below is not received within five (5) calendar days after your receipt of this notice, the landlord intends to terminate the rental agreement and to file a special detainer action under A.R.S. § 33-1377 in the Justice Court of the precinct in which the premises are located.

3. STATEMENT OF DEFAULT — RENT OWED

Rent under the parties' rental agreement is due and unpaid as set forth below. Demand is made for full payment within five (5) days after your receipt of this notice. In the event of nonpayment, the landlord elects to terminate the rental agreement and proceed under A.R.S. § 33-1368(B) and § 33-1377.

4. ITEMIZATION OF SUMS DEMANDED

5. DEMAND AND ELECTION OF REMEDIES

You must, within five (5) calendar days after your receipt of this notice, either:

☐ (A) PAY the full sum of $[__________] identified above as required for pre-filing reinstatement under A.R.S. § 33-1368(B); OR

☐ (B) QUIT AND DELIVER POSSESSION of the premises to the landlord by no later than 11:59 p.m. on [__/__/____] (the fifth calendar day after delivery of this notice).

If you fail to do either, the landlord will proceed to file a special detainer action under A.R.S. § 33-1377. The Justice Court will set trial between three (3) and six (6) days after the issuance of the summons. If judgment is entered against you, the court may award restitution of the premises, all unpaid rent, late fees, court costs, attorney's fees, and damages, and a writ of restitution may issue five (5) calendar days after judgment under A.R.S. § 12-1178, after which a constable or sheriff will physically remove you and your possessions.

6. METHOD AND PLACE OF PAYMENT

Payment must be in the form of [cash / cashier's check / money order / certified funds / electronic payment via [______]] payable to [__________________________] and tendered at:

The landlord will not be deemed to have received payment until funds have actually cleared. Postmark date is not deemed receipt.

7. PARTIAL-PAYMENT DISCLOSURE

NOTICE UNDER A.R.S. § 33-1368(B): The landlord has the absolute right to refuse a partial payment of the sum demanded above. The landlord's refusal of a partial payment does not waive the right to file a special detainer action.

If a partial payment is offered and the landlord elects to accept it, the landlord cannot file a special detainer for the rental period covered unless, at the time of the partial payment, the tenant signs a written agreement allowing the filing if the balance is not paid by a specified date.

The landlord by service of this notice elects to:

☐ REFUSE any partial payment and demand full payment of the sum stated in Section 4.

☐ CONDITIONALLY ACCEPT partial payment only on the tenant's contemporaneous execution of a written partial-payment agreement in the form attached as Exhibit A.

8. RESERVATION OF RIGHTS AND NO WAIVER

Nothing contained in this notice is or shall be construed as a waiver of any past, present, or future breach by the tenant; a waiver of late fees, attorney's fees, or costs incurred or to be incurred; an extension of any deadline under the rental agreement; an offer to renew the tenancy; or an acceptance of partial performance. The landlord expressly reserves all rights and remedies available under the rental agreement, the Arizona Residential Landlord and Tenant Act, and other applicable law.

9. TENANT RIGHTS AND RESOURCES

You may have legal defenses to a special detainer action, including but not limited to:

• Defective notice (improper service, incorrect amount, demand for non-rent charges)
• Breach of the warranty of habitability under A.R.S. § 33-1324
• Retaliation under A.R.S. § 33-1381 (presumed if you complained of code or habitability violations within the prior six months)
• Self-help eviction by the landlord under A.R.S. § 33-1367 (lockout, utility shutoff)
• Acceptance of rent or partial payment after the notice
• Fair-housing or source-of-income discrimination (federal Fair Housing Act, 42 U.S.C. § 3601 et seq.; Arizona Civil Rights Act, A.R.S. § 41-1491.14; Phoenix City Code; Tucson Human Relations Ordinance)
• Servicemembers Civil Relief Act protections (50 U.S.C. § 3901 et seq.)

Free / low-cost legal assistance:

• Community Legal Services (Maricopa, La Paz, Mohave, Yuma): communitylegalaz.org
• Southern Arizona Legal Aid (Pima and southern counties): sazlegalaid.org
• DNA-People's Legal Services (northern Arizona / Navajo Nation): dnalegalservices.org
• Arizona Court Help Self-Service: azcourthelp.org
• Arizona State Bar Lawyer Referral: azbar.org

10. SERVICE OF NOTICE / 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, to the tenant's last known address on [__/__/____]. Tracking number: [______________].

☐ Posting in a conspicuous place on the premises (main entry door) on [__/__/____] at [____ a.m. / p.m.], AND mailing by first-class or certified mail on the same day.

☐ Other method authorized by the rental agreement, § [____]: [__________________________].

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

11. SIGNATURE BLOCK

12. ARIZONA PRACTICE NOTES

1. Five-day clock. The five days are counted from the day after delivery; if the fifth day falls on a Saturday, Sunday, or legal holiday, the period is extended to the next business day under Arizona Rules of Procedure for Eviction Actions Rule 4.
2. Justice Court venue. Special detainer actions are filed in the Justice Court of the precinct in which the property lies. Maricopa, Pima, and Pinal counties have multiple precincts; verify precinct boundaries before filing.
3. Trial speed. A.R.S. § 33-1377(B) requires trial to be set not less than three nor more than six days from the summons. Tenants who request a written answer often must file before the trial date; some courts require the answer at first appearance.
4. Five-day post-judgment writ. A.R.S. § 12-1178(A) bars issuance of a writ of restitution until five calendar days after judgment, except in material-and-irreparable-breach cases (12–24 hours).
5. Partial-payment risk. A landlord who deposits a partial payment without a contemporaneous written agreement waives the right to file for that rental period — strict-construction rule.
6. Source of income. Phoenix (Mar. 2023) and Tucson (Sept. 2022) prohibit source-of-income discrimination; refusing rent paid by Section 8 voucher inside city limits is unlawful and may render the eviction defective.
7. Mobile home parks. If the rental is a space in a mobile home park, A.R.S. § 33-1368 does NOT govern; use the ARMHPLLA notice provisions in A.R.S. § 33-1432 instead.
8. Federal CARES Act. Properties with federally backed mortgages or that participate in covered federal housing programs require 30 days notice to vacate under 15 U.S.C. § 9058(c) — verify before serving a 5-day notice.

13. SOURCES AND REFERENCES

• A.R.S. § 33-1368, Noncompliance with rental agreement by tenant; failure to pay rent: https://www.azleg.gov/ars/33/01368.htm
• A.R.S. § 33-1377, Special detainer actions; service; trial postponement: https://www.azleg.gov/ars/33/01377.htm
• A.R.S. § 12-1178, Judgment; writ of restitution: https://www.azleg.gov/ars/12/01178.htm
• A.R.S. § 33-1313 (notice service): https://www.azleg.gov/arsDetail/?title=33
• Arizona Department of Housing — ARLTA (May 2023 ed.): https://housing.az.gov/sites/default/files/2024-07/Landlord_Tenant_Act_May-2023_1.pdf
• Arizona Court Help — Non-Payment of Rent: https://www.azcourts.gov/legalinfohub/Legal-Info-Hub/Legal-Info-Sheets-Landlord-Tenant-Disputes-Eviction/Non-Payment-of-Rent
• Phoenix Source of Income Ordinance (March 2023): https://www.phoenix.gov/administration/departments/housing/section-8-housing.html
• Tucson Human Relations Ordinance (Source of Income, Sept. 2022): https://www.swfhc.org/fair-housing-news/understanding-tucsons-source-of-income-protection-a-guide-for-residents-and-landlords
• AZ Eviction Help — Non-Payment Notice: https://azevictionhelp.org/eviction-process/pre-hearing/non-payment-notice-residential
• Arizona Rules of Procedure for Eviction Actions: https://www.azcourts.gov/rules

END OF NOTICE