Landlord Notices to Tenants
Before you can take any legal action against your residential tenant for non-payment of rent, or a material breach of the rental agreement, or damage to the property, or a health and safety violation, you must serve your tenant with an appropriate notice. The type of notice required depends on the type of breach. The law has specific service requirements. For the notice to be effective, you must serve the notice as required by law. For example, service of a notice by FEDEX does not meet the requirements of Arizona law. You can make sure your notice is effective by retaining us. If you’ve already served your tenant with a notice and want to retain us for your eviction, click here.
Our notices are on law firm letterhead and served by a licensed process server. It can have much more impact on a tenant if the notice comes from a law firm and is served by a process server. If our process server can’t make a hand delivery of the notice to the tenant, the notice is sent by certified mail as required by Arizona law. Our low price is based on the volume of notices we serve.
The Five Day Notice
Arizona law says that a landlord must serve a five day notice to a tenant who has not paid rent. The notice should include, at a minimum, that the tenant is late paying rent, the amount of money the tenant must pay to cure the breach and inform the tenant that the lease or tenancy will terminate if the money is not paid within five days. Note that a five day notice is used only for non-payment of rent. For other tenant breaches a ten day notice should be used.
Can a notice for non-payment of rent specify a period less than five days? Not in Arizona. Can a notice for non-payment of rent specify a period of more than five days to cure? Yes. For example, if your lease says that a seven day notice will be served for non-payment of rent, the terms of the lease will control. But, a lease that says a three day notice will be served in cases of non-payment will not override state law. You could not initiate an eviction lawsuit in Arizona based on a three day notice for non-payment of rent served on your tenant.
The Ten Day Notice
For any other kind of material breach you must serve your tenant with a ten day notice to cure the breach. For example, if your lease has a “no pets” clause and you discover that your tenant has two large dogs in the property, you can serve the tenant with a ten day notice to cure the breach or face termination of the lease. This type of ten day notice should also advise the tenant that the landlord will be visiting the property to verify correction of the problem at the end of the ten day cure period.
How to Retain Us to Serve Your Notice
Click on the “Submit” button below. This will take you to our online store. After check out, you will receive an email from us with instructions on how to provide us with copies of your lease (if you have one) and other necessary information we need to proceed.