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"), which is at least the statutory notice period stated in Section 2 prior to the next periodic rental date.

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):

• The landlord shall return the security deposit, less itemized lawful deductions, within fourteen (14) business days after termination of the tenancy and delivery of possession.
• The tenant has the right, upon request, to be present at the landlord's move-out inspection. Submit a written request to the address in Section 11 to schedule the inspection.
• If the landlord wrongfully withholds the deposit, the tenant may recover twice the amount wrongfully withheld under § 33-1321(E).

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 special detainer action under A.R.S. § 33-1377 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, recover an amount equal to two months' periodic rent OR twice the actual damages, whichever is greater.

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 terminate, raise rent, or reduce services in retaliation for a tenant's complaint to a code-enforcement agency, complaint to the landlord regarding a violation, organization of or membership in a tenants' union, or exercise of any right under ARLTA. Evidence of any such complaint within six months prior to a no-cause termination creates a rebuttable presumption of retaliation.

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 special 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 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.

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. ARMHPLLA, § 33-1437 — termination requires 60 days notice for monthly tenancies and is restricted to enumerated causes; this template does NOT apply.
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. § 33-1377, Special detainer actions: https://www.azleg.gov/ars/33/01377.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