FIVE-DAY NOTICE TO PAY RENT OR QUIT
(Arizona)
[// GUIDANCE: This notice is governed by the Arizona Residential Landlord and Tenant Act, A.R.S. §§ 33-1301 et seq. Arizona law requires a minimum of FIVE (5) days' notice to pay rent or vacate for nonpayment of rent pursuant to A.R.S. § 33-1368(B). This notice must be served in accordance with A.R.S. § 33-1313. Verify current statutory requirements before use.]
NOTICE INFORMATION
Date of Notice: [DATE]
Tenant Name(s): [TENANT FULL LEGAL NAME(S)]
Rental Property Address:
[STREET ADDRESS]
[CITY], Arizona [ZIP CODE]
[UNIT/APT NUMBER, if applicable]
NOTICE TO TENANT
TO THE ABOVE-NAMED TENANT(S) AND ALL OTHERS IN POSSESSION:
You are hereby notified that you are in default of your rental agreement for the above-referenced premises due to nonpayment of rent.
AMOUNT DUE
| Description | Amount |
|---|---|
| Past Due Rent for [MONTH(S)/YEAR] | $[AMOUNT] |
| Late Fee (if applicable per lease) | $[AMOUNT] |
| Prior Balance (if any) | $[AMOUNT] |
| Other Charges (itemize): [DESCRIPTION] | $[AMOUNT] |
| TOTAL AMOUNT DUE | $[TOTAL] |
[// GUIDANCE: Under A.R.S. § 33-1368(B), the notice must state the amount of periodic rent due. Late fees and other charges may be included but ensure compliance with lease terms and Arizona law.]
DEMAND FOR PAYMENT OR POSSESSION
Pursuant to Arizona Revised Statutes § 33-1368(B), you are hereby required within FIVE (5) DAYS from the date of service of this notice to either:
-
PAY IN FULL the total amount of rent due as stated above; OR
-
VACATE AND SURRENDER possession of the above-described premises to the undersigned Landlord.
THE FIVE-DAY PERIOD BEGINS ON THE DAY AFTER SERVICE OF THIS NOTICE.
CONSEQUENCES OF NON-COMPLIANCE
If you fail to pay the full amount of rent owed or vacate the premises within the five (5) day period, the Landlord will pursue legal remedies available under Arizona law, including but not limited to:
- Filing a Special Detainer action in the appropriate Arizona Justice Court or Superior Court pursuant to A.R.S. § 33-1377;
- Seeking a judgment for possession of the premises;
- Seeking a money judgment for all unpaid rent, late fees, court costs, and reasonable attorney's fees as permitted by the lease agreement and A.R.S. § 33-1315;
- Any other remedies available at law or in equity.
PAYMENT INSTRUCTIONS
[// GUIDANCE: Specify acceptable payment methods and where payment should be delivered.]
Payment must be made by: [CHECK / MONEY ORDER / CASHIER'S CHECK / CERTIFIED FUNDS / OTHER ACCEPTED METHODS]
Payment must be delivered to:
[LANDLORD NAME OR PROPERTY MANAGEMENT COMPANY]
[ADDRESS]
[CITY], Arizona [ZIP CODE]
[PHONE NUMBER]
[// GUIDANCE: Under A.R.S. § 33-1314.01, if a landlord has an electronic payment option, the landlord must permit the tenant to make electronic payment of rent and fees.]
IMPORTANT LEGAL NOTICES
-
Right to Cure: Under A.R.S. § 33-1368(B), if you pay the full amount of rent due within the five (5) day notice period, this notice shall be void and your tenancy shall continue according to its terms.
-
Recurring Defaults: If you have been served with a notice of noncompliance for nonpayment of rent and you subsequently become compliant, but within twelve (12) months a substantially similar noncompliance occurs, the Landlord may serve you with a notice to terminate the rental agreement pursuant to A.R.S. § 33-1368(A) without an opportunity to cure.
-
Partial Payment Warning: Acceptance of partial payment after this notice is served does not waive the Landlord's right to proceed with eviction unless the Landlord agrees in writing to accept partial payment and waive the breach.
-
Military Personnel: If you are a servicemember on active duty, you may have additional rights under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.). Consult with a legal assistance attorney or JAG officer.
-
Legal Assistance: If you cannot afford an attorney, contact Community Legal Services at (602) 258-3434 or the Arizona State Bar Lawyer Referral Service at (602) 257-4434.
RESERVATION OF RIGHTS
This notice is made without waiving any rights or remedies of the Landlord, all of which are expressly reserved. This notice may be used by the Landlord to establish a pattern of noncompliance as described in A.R.S. § 33-1368(A).
CERTIFICATION OF SERVICE
I, the undersigned, hereby certify that a copy of this Five-Day Notice to Pay Rent or Quit was served upon the above-named Tenant(s) on [DATE OF SERVICE] by the following method:
☐ Personal delivery to Tenant
☐ Delivery to a person of suitable age and discretion residing at the premises
☐ Delivery by placing a copy in a conspicuous place on the premises AND mailing a copy via certified or registered mail, return receipt requested
☐ Certified or registered mail, return receipt requested, only (if tenant is absent)
[// GUIDANCE: Arizona law (A.R.S. § 33-1313) allows service by personal delivery, delivery to a suitable person at the premises, or by posting and mailing if personal service cannot be accomplished after reasonable effort.]
LANDLORD/AGENT SIGNATURE
Landlord/Authorized Agent Name: [PRINT NAME]
Signature: ____________________________________
Date: [DATE]
Address:
[LANDLORD ADDRESS]
[CITY], Arizona [ZIP CODE]
Telephone: [PHONE NUMBER]
Email: [EMAIL ADDRESS]
PROOF OF SERVICE
Server Name: [PRINT NAME OF PERSON WHO SERVED NOTICE]
Signature: ____________________________________
Date of Service: [DATE]
Time of Service: [TIME]
Method of Service: [DESCRIBE METHOD USED]
This notice is intended to comply with the requirements of Arizona Revised Statutes §§ 33-1368(B) and 33-1313. It does not constitute legal advice. Consult a licensed Arizona attorney for guidance specific to your situation.