Notice to Pay Rent or Quit - Arizona

FIVE-DAY NOTICE TO PAY RENT

ARIZONA RESIDENTIAL RENTAL

This is the pre-suit notice for nonpayment under A.R.S. § 33-1368(B). The five-day period runs after the tenant receives written notice. Pre-suit notice receipt under A.R.S. § 33-1313 is not the same as service of a summons and complaint after an eviction case is filed.

1. NOTICE INFORMATION

Date notice prepared: [DATE]

Tenant name(s): [TENANT FULL LEGAL NAME(S)]

Rental premises:

[STREET ADDRESS]

[UNIT]

[CITY], Arizona [ZIP CODE]

Rental agreement date: [DATE]

2. NONPAYMENT AND CURE AMOUNT

Rent is unpaid when due.

Ledger date: [DATE]

Do not include utilities, damages, future rent, attorney fees, court costs, or other charges in the pre-filing cure total unless Arizona counsel confirms that the item belongs in the statutory amount.

3. FIVE-DAY NOTICE AND INTENTION TO TERMINATE

You are notified that rent is unpaid. If you do not pay the total required before filing stated above within five calendar days after receipt of this notice, the landlord intends to terminate the rental agreement by filing a special detainer action under A.R.S. § 33-1377. If you choose to surrender possession instead, return all keys and access devices to [NAME AND ADDRESS] by [DATE AND TIME].

Receipt date: [DATE]

Cure deadline date: [DATE]

Cure deadline time: [TIME] ☐ a.m. ☐ p.m.

Have Arizona counsel calculate the deadline from the actual or deemed receipt date and applicable time-computation rules. The landlord cannot file the eviction action until after the final day of the notice.

4. PAYMENT INSTRUCTIONS

Payee: [LANDLORD / PROPERTY MANAGER]

Payment location / authorized portal: [DETAILS]

Accepted methods: [METHODS]

Telephone / email: [CONTACT]

Before a special detainer action is filed, the rental agreement is reinstated if the tenant tenders all past-due and unpaid periodic rent and the reasonable late fee stated in a written rental agreement.

After a special detainer action is filed and before judgment, reinstatement requires payment of all past-due rent, qualifying late fees, attorney fees, and court costs. After judgment for the landlord, reinstatement is solely within the landlord's discretion.

Any partial payment, third-party payment, payment plan, or conditional tender should receive Arizona legal review and be documented before acceptance.

5. CONSEQUENCE OF NONPAYMENT

If the cure amount is not timely paid, the landlord may file a special detainer action for possession and seek the relief allowed by A.R.S. §§ 33-1368 and 33-1377.

This notice does not itself authorize the landlord to change locks, shut off utilities, or remove occupants or property. Seek possession through lawful court process.

6. LANDLORD OR AUTHORIZED AGENT

Signature: ____________________________________

Date: [DATE]

Printed name: [NAME]

Capacity: [LANDLORD / PROPERTY MANAGER / AUTHORIZED AGENT]

Address: [ADDRESS]

Telephone: [PHONE]

Email: [EMAIL]

7. RECORD OF NOTICE DELIVERY AND RECEIPT

A.R.S. § 33-1313 provides for delivery in hand to the tenant or mailing by registered or certified mail to the tenant at the designated place for receipt or, if none, the tenant's last known residence.

Select the method actually used:

☐ Hand delivery to tenant

• Delivered on: [DATE / TIME]
• Delivered by: [NAME]
• Place: [LOCATION]
• Tenant acknowledgment, if obtained: ____________________________________

☐ Registered or certified mail

• Date mailed: [DATE]
• Address used: [ADDRESS]
• Tracking number: [NUMBER]
• Actual receipt date, if earlier than deemed receipt: [DATE / UNKNOWN]
• Deemed receipt date: [EARLIER OF ACTUAL RECEIPT OR FIVE DAYS AFTER MAILING]

Do not use “posting plus mailing” as the pre-suit notice method based solely on the post-filing summons rule in A.R.S. § 33-1377(B). Confirm any alternative notice method with Arizona counsel.

Person completing record: [NAME]

Signature: ____________________________________

Date: [DATE]

8. PRE-FILING CHECKLIST

☐ Current Arizona Judicial Branch five-day notice form checked

☐ Rent ledger and written late-fee provision support the cure total

☐ Notice states nonpayment and intention to terminate if not paid in five days

☐ Receipt or deemed-receipt date documented under A.R.S. § 33-1313

☐ Full five-day period expired before filing

☐ Payment, tender, partial-payment, and waiver issues reviewed

☐ Correct court and venue confirmed

☐ Lease and applicable addenda assembled

☐ No self-help eviction attempted

☐ Subsidized-housing, bankruptcy, military-service, fair-housing, retaliation, and local requirements reviewed as applicable

OFFICIAL SOURCES

• A.R.S. § 33-1368 — https://www.azleg.gov/ars/33/01368.htm
• A.R.S. § 33-1313 — https://www.azleg.gov/ars/33/01313.htm
• A.R.S. § 33-1377 — https://www.azleg.gov/ars/33/01377.htm
• Arizona Judicial Branch, Eviction Forms and Notices — https://www.azcourts.gov/selfservicecenter/Landlord/Tenant-Disputes-Eviction-Actions/Forms-and-Notices
• Arizona Judicial Branch, Non-Payment of Rent — https://www.azcourts.gov/legalinfohub/Legal-Info-Hub/Legal-Info-Sheets-Landlord-Tenant-Disputes-Eviction/Non-Payment-of-Rent
• Arizona Judicial Branch, Eviction Actions — https://www.azcourts.gov/legalinfohub/Legal-Process-Sheets/Eviction-Actions

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