Notice to Terminate Periodic Tenancy — No Cause (Arizona)

NOTICE OF TERMINATION OF PERIODIC TENANCY (NO CAUSE) — ARIZONA

Pursuant to A.R.S. § 33-1375 — Arizona Residential Landlord and Tenant Act

TABLE OF CONTENTS

1. Caption / Identification of Parties and Premises
2. Type of Tenancy and Notice Period
3. Notice of Termination
4. Move-Out Instructions
5. Security Deposit and Pre-Move-Out Inspection
6. Hold-Over Consequences
7. Compliance With Anti-Retaliation, Anti-Discrimination, and Federal Law
8. Reservation of Rights
9. Tenant Rights and Resources
10. Service / Proof of Service
11. Signature Block
12. Arizona Practice Notes
13. Sources and References

1. CAPTION / IDENTIFICATION OF PARTIES AND PREMISES

2. TYPE OF TENANCY AND NOTICE PERIOD

The tenancy at the above premises is a periodic tenancy of the following type. The applicable statutory notice period under A.R.S. § 33-1375 is:

☐ Month-to-month tenancy. The landlord/tenant shall give written notice at least thirty (30) days prior to the periodic rental date specified in the notice (A.R.S. § 33-1375(B)).

☐ Week-to-week tenancy. The landlord/tenant shall give written notice at least ten (10) days prior to the termination date specified in the notice (A.R.S. § 33-1375(A)).

3. NOTICE OF TERMINATION

YOU ARE HEREBY NOTIFIED, pursuant to A.R.S. § 33-1375, that the periodic tenancy described above is TERMINATED effective [__/__/____] at 11:59 p.m. (the "Termination Date"). For a month-to-month tenancy, the notice is given at least thirty days before the periodic rental date stated in the notice. For a week-to-week tenancy, the notice is given at least ten days before the termination date stated in the notice.

You are required to vacate the premises and deliver possession to the landlord on or before the Termination Date. This notice is provided without statement of cause and is permitted under A.R.S. § 33-1375.

The party serving this notice elects to terminate (check one):

☐ Landlord-initiated termination.
☐ Tenant-initiated termination.

4. MOVE-OUT INSTRUCTIONS

By the Termination Date, the tenant must:

5. SECURITY DEPOSIT AND PRE-MOVE-OUT INSPECTION

Pursuant to A.R.S. § 33-1321(C)–(E):

• After termination of the tenancy, delivery of possession, and tenant demand, the landlord must provide the itemization and any amount due within fourteen (14) days, excluding Saturdays, Sundays, and other legal holidays. Unless the tenant makes other written arrangements, the landlord mails them by first-class mail to the tenant's last known place of residence.
• The move-in notice must state that the tenant may be present at the move-out inspection. On the tenant's request, the landlord must notify the tenant when the inspection will occur. The joint-inspection duty does not apply to a material-and-irreparable eviction when the landlord reasonably fears violence or intimidation.
• If the landlord wrongfully withholds the deposit, the tenant may recover twice the amount wrongfully withheld under § 33-1321(E).

☐ Tenant demands the itemized list and any amount due under § 33-1321(D).

☐ Tenant requests notice of when the landlord's move-out inspection will occur.

6. HOLD-OVER CONSEQUENCES

If the tenant remains in possession after the Termination Date without the landlord's written consent, the landlord may, pursuant to A.R.S. § 33-1375(C):

• File a forcible detainer action under A.R.S. § 12-1173(A)(1) to recover possession;
• Recover all unpaid rent, late fees, court costs, and attorney's fees; and
• If the hold-over is willful and not in good faith, seek a proved statutory amount up to the greater of two months' periodic rent or twice the actual damages sustained, as the court determines under § 33-1375(C).

A writ of restitution may issue five (5) calendar days after judgment under A.R.S. § 12-1178.

7. COMPLIANCE WITH ANTI-RETALIATION, ANTI-DISCRIMINATION, AND FEDERAL LAW

Anti-retaliation (A.R.S. § 33-1381). A landlord may not increase rent, decrease services, or bring or threaten a possession action in retaliation after a tenant makes a qualifying health-and-safety code complaint to an enforcement agency, complains to the landlord of a § 33-1324 violation, joins or organizes a tenants' union or similar organization, or makes the agency complaint listed in § 33-1381(A)(4). Evidence of a qualifying complaint within six months before the alleged retaliatory act creates a rebuttable presumption, subject to the statute's exceptions.

Fair Housing. This notice is given without regard to race, color, religion, national origin, sex (including gender identity and sexual orientation), familial status, disability, ancestry, or any other class protected by the federal Fair Housing Act (42 U.S.C. § 3601 et seq.) or the Arizona Civil Rights Act (A.R.S. § 41-1491.14).

Source of Income (Phoenix / Tucson). If the premises are within the City of Phoenix or the City of Tucson, this notice is not given on the basis of the tenant's lawful source of income, including Section 8 housing choice voucher, Veterans Affairs Supportive Housing (VASH), SSI/SSDI, or other public benefit.

Federal Restrictions. The party serving this notice has determined that:

☐ The premises is not a Section 8, public housing, project-based, LIHTC, USDA, or other covered federal-program unit.
☐ If covered, the termination is supported by good cause as required by federal regulations and notice requirements (e.g., 24 C.F.R. § 247.3, § 982.310, § 880.607).

CARES Act (15 U.S.C. § 9058(c)). If the property is subject to a federally backed mortgage or participates in a covered program, the tenant must receive at least 30 days notice to vacate. This notice meets that requirement only where the notice period in Section 2 is 30 days or longer.

8. RESERVATION OF RIGHTS

This notice is not a waiver of any past, present, or future breach by the tenant; an offer to renew the tenancy; an extension of the tenancy beyond the Termination Date; or an acceptance of partial performance. Acceptance of rent for any period through the Termination Date is solely for the period to which it applies and is not a waiver of this notice.

9. TENANT RIGHTS AND RESOURCES

You may have legal defenses to a forcible detainer action following hold-over, including:

• Defective notice (insufficient notice period; improper service; termination date earlier than the next periodic rental date)
• Retaliation (A.R.S. § 33-1381)
• Discrimination (FHA, ACRA, Phoenix/Tucson source-of-income ordinances)
• VAWA protections for survivors of domestic violence (34 U.S.C. § 12491)
• Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.)
• Federal good-cause requirements (Section 8, public housing, LIHTC)

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: azcourthelp.org

10. SERVICE / PROOF OF SERVICE

This notice was delivered under A.R.S. § 33-1313 by the following method:

☐ Personal delivery to the tenant on [__/__/____] at [____ a.m. / p.m.].
☐ Registered or certified mail on [__/__/____] to the tenant's designated place for receipt or last known residence. Tracking #: [______________]. Actual/deemed receipt: [DATE].

Posting plus mailing is not a pre-suit notice method stated in A.R.S. § 33-1313; follow the applicable court service rules after filing.

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. Termination Date alignment. For a month-to-month tenancy, the Termination Date should be the end of a rental period (e.g., last day of the month). A notice served mid-month must run at least 30 days back from the termination date and align with the next periodic rental date — not 30 days from service. Many practitioners pick the LAST day of the calendar month at least 30 days out to avoid disputes.
2. Counting days. A.R.S. § 1-243 / Ariz. R. Civ. P. 6(a) — exclude the day of service, include the last day; weekends count.
3. Acceptance of rent after notice. Accepting rent for a period beyond the Termination Date may waive the notice unless the rental agreement contains an anti-waiver clause and the rent is accepted "for use and occupancy only." Best practice: refuse rent after the Termination Date.
4. Retaliation presumption. § 33-1381 presumption is rebuttable by a legitimate non-retaliatory business reason. Be prepared to prove sale, owner move-in, or remodel with documentation.
5. Federal coverage check. Before serving, run the property address through the NLIHC CARES Act lookup and verify whether the property has a federally backed mortgage or is in HUD/USDA programs.
6. Mobile home parks. The Arizona Mobile Home Parks Residential Landlord and Tenant Act has separate rules. Under A.R.S. § 33-1476(A)-(B), a park landlord must state specific facts supporting termination or nonrenewal and have good cause. Notice periods depend on the ground. Do not use this no-cause form for a mobile home park tenancy.
7. Domestic violence. A.R.S. § 33-1318 allows tenants who are victims of domestic violence to terminate the lease early without penalty upon proper documentation; fair-housing rules also apply.
8. Source of income. Phoenix Code (March 2023) and Tucson Code (Sept. 2022) prohibit refusal of Section 8 vouchers in any rental decision, including non-renewal.

13. SOURCES AND REFERENCES

• A.R.S. § 33-1375, Periodic tenancy; hold-over remedies: https://www.azleg.gov/ars/33/01375.htm
• A.R.S. § 12-1173(A)(1), Forcible detainer after termination of periodic tenancy: https://www.azleg.gov/ars/12/01173.htm
• A.R.S. § 33-1381, Retaliatory conduct prohibited: https://www.azleg.gov/ars/33/01381.htm
• A.R.S. § 33-1321, Security deposits: https://www.azleg.gov/ars/33/01321.htm
• A.R.S. § 33-1318, Early termination by domestic violence victim: https://www.azleg.gov/ars/33/01318.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
• 24 C.F.R. § 247.3 (HUD subsidized housing — good cause): https://www.ecfr.gov/current/title-24/subtitle-B/chapter-II/subchapter-B/part-247
• CARES Act, 15 U.S.C. § 9058(c) — 30-day notice: https://www.govinfo.gov/app/details/COMPS-15815
• Phoenix Source of Income Ordinance (March 2023): https://www.phoenix.gov/administration/departments/housing/section-8-housing.html
• Tucson Source of Income Ordinance (Sept. 2022): https://www.swfhc.org/fair-housing-news/understanding-tucsons-source-of-income-protection-a-guide-for-residents-and-landlords

END OF NOTICE