In Arizona, every eviction begins with the landlord mailing some type of a notice to the tenant, i.e., 30-day, 10-day, 5-day, immediate. Once the tenant has received the notice–or 5 days from the date of mailing has passed at which time it is considered to have been legally received–the tenant has a certain number of days to take action.
timing of notice
When a tenant has legally received a notice can be a little confusing. Proper calculation of time is explained in A.R.S. § 33-1313(B).
If notice is mailed by certified mail, the tenant is deemed to have received such notice on the date the notice is actually received by him or five days after the date the notice is mailed, whichever occurs first.A.R.S. 33-1313(B)
For example, if a 5 day notice is sent to the Arizona tenant via certified mail and the tenant does NOT sign for the notice then we must wait 11 days before filing the eviction. Because it is legally received 5 days after mailing, plus they have the 5 days to make their rent payment.
However, if the Arizona tenant actually signs for the certified letter then the counting begins on that day. For example, if we sent the letter on Monday and the tenant signs for the letter on Tuesday then the 5 days to pay begins on Wednesday.
mailing the 5 day notice
In Arizona, the process of evicting a tenant for non-payment of rent begins with mailing a 5 day notice. Arizona Landlords, should send the 5 day notice via certified mail so they can prove it was at least mailed. Even if the tenant never signs for the 5 day notice it is still legally considered having been received 5 days after it was mailed.
A 5 day notice demands that the tenant pay ALL past due rent, late fees, and other outstanding fees in full within 5 days. If, the tenant attempts to tender the full amount owed within the 5 day period then it must be accepted. A landlord can not reject the full outstanding balance owed and then turn-around and try to evict them for non-payment of rent.
It is important to note that if an Arizona landlord accepts a partial payment, even one dollar from a tenant then they cannot be evicted in that same calendar month for non-payment of rent.
If rent is not tendered within 5 days then an eviction lawsuit can be filed with the appropriate Arizona justice court. Within 6 days of filing the Complaint an eviction hearing will be held.
If you are an Arizona landlord and need help evicting a tenant then contact the Dunaway Law Group at 480-702-1608 or by messaging 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.