Feb 1, 2017

Service of Notice - A.R.S. 33-1313

In Arizona, every eviction begins with the landlord sending some type of notice to the tenant. For a landlord who has never been through the eviction process the timing of when a Notice is deemed received can be a little confusing. Proper service 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.
So, for example, if a 10-day notice for material breach of the lease agreement is sent to the tenant via certified mail and the tenant  does NOT sign for the notice then an eviction lawsuit cannot be filed for 16 days after it was mailed!

Another example could be with the 5-day notice for non-payment of rent. If the 5-day notice is sent to the tenant via certified mail and the tenant does NOT sign for the notice then we must wait 11 days before filing the eviction.

However, if the tenant actually signs for the certified notice then we begin counting on that day. So, for example, if we send a 5-day notice via certified mail and the tenant signs for it on the second day then the tenant will have a total of 7 days from the date of mailing to pay rent.