Housing & Tenant · Eviction Notice
Eviction Notice in Arizona
How many days of written notice a landlord must give before filing an eviction in Arizona, broken down by reason, and what you can do about it, cited to the statute.
Every notice period in Arizona
The written notice for each reason a landlord can end a tenancy, and what each one means.
| Reason for the notice | Notice in Arizona | What it means |
|---|---|---|
| Nonpayment of rent | Can fix and stay5 days | If rent is unpaid, the landlord gives a written notice, and paying within five days keeps the tenancy (A.R.S. 33-1368(B)). Arizona also lets the tenant reinstate by paying all past due rent plus reasonable late fees before the landlord files. |
| Curable lease violation | Can fix and stay10 days | For a material noncompliance with the lease, the notice sets a termination date not less than ten days after the tenant receives it, giving that time to fix the problem (A.R.S. 33-1368(A)). |
| Health-and-safety violation | Can fix and stay5 days | For a noncompliance that materially affects health and safety, the cure period is five days (A.R.S. 33-1368(A)). |
| Material and irreparable breach | Immediate | For a material and irreparable breach, the landlord may give written notice for immediate termination and then proceed under A.R.S. 33-1377. There is no chance to cure and no waiting period. |
| No-cause end of a month-to-month tenancy | 30 days | A no-cause termination of a month-to-month tenancy takes at least 30 days before the periodic rental date (A.R.S. 33-1375). A week-to-week tenancy takes 10 days. |
| After the notice | Court | After the notice runs, the landlord files a special detainer action. The statute lets a tenant reinstate by paying all past due rent plus reasonable late fees before filing, and after filing by also covering the landlord attorney fees and court costs. Only a court can order a tenant removed. |
| Statute | Ariz. Rev. Stat. §33-1368; §33-1375 | The controlling statute for these notice periods. Read the full text through the source link below. |
What you can do right now
Concrete, neutral steps if you have received an eviction notice in Arizona. This is legal information, not legal advice.
- Read the notice and the ground
Check whether the notice is for unpaid rent, a lease violation, a health-and-safety issue, or an immediate irreparable breach. The clock ranges from five or ten days down to immediate, so the stated cause tells you how long you have.
- Use Arizona pay-and-stay right
For unpaid rent you can keep the tenancy by paying within the five days. Even after the five days, paying all past due rent plus reasonable late fees before the landlord files stops the case, and paying that plus attorney fees and costs stops it after filing.
- Respond to the special detainer action
If the landlord files, you are served and given a hearing, often quickly. Appear with your lease, payment records, and any messages. A tenant who does not show up can lose by default.
- Get local legal help
A local Arizona legal aid office can explain the notice, the pay-and-stay option, and the court steps. Search for legal aid in your county and act before the hearing date.
This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change the notice that applies to your home.
What Arizona renters get wrong
Arizona writes a pay-and-stay right into the eviction statute itself, which softens what is otherwise a short notice. For unpaid rent the landlord gives a written notice, and paying within five days keeps the tenancy (A.R.S. 33-1368(B)). The unusual part comes next: even after those five days lapse, paying everything owed plus reasonable late fees stops the case before the landlord files, and paying that plus attorney fees and court costs stops it after filing. A curable lease violation carries at least ten days, and a health-and-safety violation five, to fix the problem. The counterweight is the notice for a material and irreparable breach, which allows immediate termination with no days at all, after which the landlord proceeds under A.R.S. 33-1377. Ending a month-to-month tenancy for no reason is separate and takes at least 30 days before the rental date under A.R.S. 33-1375. When the notice runs, the landlord files a special detainer action, and only a court order can remove a tenant.
Common questions
Can I stop an Arizona eviction by paying after the five days?
Yes, up to a point. Arizona lets a tenant reinstate by paying all past due rent plus reasonable late fees before the landlord files the special detainer action, and after filing by also paying the landlord attorney fees and court costs. Paying within the first five days is cheapest because no fees have been added yet.
What counts as a material and irreparable breach in Arizona?
It is the category of serious conduct that Arizona lets a landlord act on immediately, with a written notice for immediate termination and no chance to cure, after which the landlord proceeds under A.R.S. 33-1377. It is narrower than an ordinary lease violation, which carries a 10-day cure period.
How long is the notice for a lease violation in Arizona?
For a general material lease violation, the notice sets a termination date not less than ten days out, giving you that time to fix it (A.R.S. 33-1368(A)). A violation that materially affects health and safety carries a five-day cure period instead.
Do I owe the landlord attorney fees if I pay late in Arizona?
You can. If the landlord has already filed the special detainer action, reinstating the tenancy requires paying the past due rent and reasonable late fees plus the landlord attorney fees and court costs. Paying before the case is filed avoids the attorney fees and costs.
What happens after the notice period in Arizona?
If you have not paid or left, the landlord files a special detainer action and you are served with a hearing date, which can come quickly. You can appear and contest it. Only a court order can remove you, and a landlord cannot lock you out or shut off utilities.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.