10-day Notice for Material Breach of the Lease Agreement
Section 33-1368(A) of the Arizona Residential Landlord and Tenant Act gives guidance to Arizona landlords whose tenants have materially breached their rental agreement.
Section 33-1368(A) states in part;
“…if there is a material noncompliance by the tenant with the rental agreement…the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days.”
Section 33-1308(A)
Section 33-1368(A) goes on to say;
“…if the breach is remediable by repair or the payment of damages or otherwise, and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement will not terminate.”
Section 33-1368(A)
So, for example, if a lease agreement provides for two adults to live in your property but you find that 22 adults are living in the property then this is the notice you will want to send them.
The Initial 10 day Notice. A 10-day Notice addresses specific breaches of the lease agreement. For instance it might read, “I know you’ve got 22 people living in the house and we’re giving you 10 days to get rid of the extra 20 tenants.” If your tenants do get rid of their 20 roommates during the following ten days then you are not able to evict them because they rectified the situation within the allotted time.
Second 10 day Notice. However, if your tenants remove the 20 extra roommates and they return after the 10 day notice expires then we can sent them a second 10 day notice and there is no way they can rectify the situation at that point.
If you, are an Arizona landlord with tenants in material breach of their lease agreement then contact the Dunaway Law Group at 480-389-6529 or message us HERE.
* The information provided is informational only, does not constitute legal advice, and will not create an attorney-client or attorney-prospective client relationship. Additionally, the Dunaway Law Group, PLC limits its practice to the state of Arizona and New York.