What is a 5-day notice to pay or quit in Arizona?

What the law says

Arizona gives a tenant 5 days to pay. Under section 33-1368(B) of the Arizona Revised Statutes, when rent is unpaid on its due date, the landlord gives the tenant written notice of the nonpayment. The notice must also say the landlord intends to end the lease if the rent is not paid. If the tenant does not pay within 5 days after that notice, the landlord can end the lease by filing a special detainer action under section 33-1377.

The days are calendar days. Section 33-1368(G) of the Arizona Revised Statutes says:

“For the purposes of this section, “days” means calendar days.”

Rent is not withheld lightly. Section 33-1368(B) of the Arizona Revised Statutes begins:

“A tenant may not withhold rent for any reason not authorized by this chapter.”

Paying can save the lease, and the price rises over time. Under section 33-1368(B) of the Arizona Revised Statutes, there are three stages:

• Before the landlord files, the lease is reinstated if the tenant pays all past-due rent and a reasonable late fee that a written lease sets out, under section 33-1368(B) of the Arizona Revised Statutes.
• After the landlord files, it is reinstated only if the tenant pays all past-due rent, reasonable late fees in a written lease, attorney fees and court costs, under the same section 33-1368(B) of the Arizona Revised Statutes.
• After a judgment for the landlord, any reinstatement is solely the landlord’s choice, under section 33-1368(B) of the Arizona Revised Statutes.

The landlord can recover losses. Under section 33-1368(C) of the Arizona Revised Statutes, a landlord can recover reasonable damages from the tenant’s breach of the lease or of section 33-1341, plus court costs, reasonable attorney fees and quantifiable damage to the property.

What changes the answer

The kind of breach. For a material breach of the lease other than unpaid rent, section 33-1368(A) of the Arizona Revised Statutes lets the landlord give written notice of a termination date not less than 10 days after the tenant receives it. The lease ends then if the breach is not fixed within 10 days.

Health and safety. For a breach of the tenant’s duties in section 33-1341 that materially affects health and safety, section 33-1368(A) of the Arizona Revised Statutes allows a notice of not less than 5 days. If the breach can be fixed by repair, payment of damages or otherwise, and the tenant fixes it in time, the lease does not end.

A second breach. Under section 33-1368(A) of the Arizona Revised Statutes, if a similar breach happens again during the lease after an earlier one was fixed, the landlord can file a special detainer action 10 days after a written notice saying so.

A serious, irreparable breach. Under section 33-1368(A) of the Arizona Revised Statutes, for a breach on the premises that is both material and irreparable, the landlord can give notice of immediate termination. The statute’s examples include illegal discharge of a weapon, assault and threats. It says its list is not exhaustive.

False information on the application. Under section 33-1368(A) of the Arizona Revised Statutes, material falsification on the rental application counts as a material breach. False information about criminal records, a prior eviction or current criminal activity cannot be cured.

Guests. Under section 33-1368(F) of the Arizona Revised Statutes, a tenant is responsible for guests’ lease violations if the tenant could reasonably have expected them and did not try to prevent them.

Utilities after an eviction. Under section 33-1368(D) of the Arizona Revised Statutes, a landlord may cut utilities the landlord provides only from the day after a writ of restitution or execution is carried out. Only a person the utility authorizes may disconnect them.