Fillable 5 Day Eviction Notice printable pdf download

5--DAY NOTICE FOR

NON-PAYMENT OF RENT

When a tenant fails to pay rent or other charges due and owing under a lease or rental agreement

(oral or written). A 5-day notice can be given any time after rent and/or other charges are in

arrears. If a payment is made by the tenant of all overdue charges within the 5-day period, the

rental payment is deemed reinstated.

If the tenant fails to pay by the end of the 5-day period, a forcible detainer action can be filed

with the court on the 6th day.

Acceptance of partial payment by the landlord is deemed a waiver of the right to terminate for

non-payment of rent unless otherwise agreed (landlord shall have the tenant sign an Acceptance

of partial payment and non-waiver agreement form). A.R.S. § 13-1371(B)

For Example: Suppose a $400.00 monthly payment of rent is due and owing on the 1st day of

each month. On the 2nd day of the month the tenant makes a partial payment in the amount of

$200.00. If the landlord accepts this partial payment- rent is now paid through the 15th of the

month. Although the remaining ½ of the month’s rent is still due and owing, because the partial

payment has been accepted, a 5-day notice cannot be given until the rent is once again in arrears

(i.e. on the 16th day of the month, or thereafter). This example is given only for illustrative

purposes, and obviously, the dates and amount may vary. A.R.S. § 1371(B)

PROCEDURES ON HOW TO SERVE

5 DAY NOTICE

EFFECTIVE DATES OF NOTICE, A.R.S. § 33-1313

PERSONAL DELIVERY. The hand-delivered notice becomes effective when received by the

tenant. The forcible detainer complaint can be filed with the court on the 6th day. Notices taped

to the tenant’s door are not considered as proper notice. If personal service cannot be

completed, then the notice will have to be mailed certified or registered.

CERTIFIED MAIL. When the notice is sent by certified mail it becomes effective on the date

the notice is actually received/signed by tenant or five days after the date the notice is mailed,

whichever occurs first. A five day notice sent by certified mail becomes a 10 day notice (5 + 5).

The forcible detainer complaint can be filed with the court on the 11th day.

For the purpose of this section “days” are calendar days. When filing a forcible detainer

action, please bring a copy of your notice to the court.

Please refer to the ARIZONA RESIDENTIAL LANDLORD & TENANT ACT for complete

details

5 Day Eviction Notice