Jan 22, 2014

5-Day Notices for Non-Payment of Rent: AKA Pay or Quit Notices

In Arizona, the process of evicting a tenant for non-payment of rent begins with mailing a 5-day notice. 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.

The 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't reject payment from a tenant and then turn-around and evict them for non-payment of rent. It's important to note that if a landlord accepts even one dollar from a tenant then they cannot be evicted in that same calendar. month. If a tenant does tender a partial payment then read this blog post on how to formally reject a partial rent payment.

If rent is not tendered during the 5 day period then a Complaint is filed with the appropriate justice court. Within 6 days of filing the Complaint an eviction hearing will be held. This is something that we attend for all of our clients.

If you have questions about how to properly serve your tenant with a 5-day notice feel free to give us a call at 480-344-4035.