Jan 22, 2014

5-Day Notices for Non-Payment of Rent

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 not reject the full outstanding balance owed and then turn-around and try to 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 need help from a real estate attorney then call Clint Dunaway at 480-389-6529 or email at clint@dunawaylg.com.