Arizona eviction notice and late fee rules

Notice for unpaid rent

5 days — If rent is unpaid when due, the landlord may give written notice of nonpayment; if the tenant does not pay within five days after that notice, the landlord may terminate the rental agreement by filing a special detainer action.

Ending a month-to-month tenancy

Either party may end a week-to-week tenancy with written notice at least ten days before the termination date, and a month-to-month tenancy with written notice at least thirty days before the periodic rental date specified in the notice.

Late-fee limit

No statutory cap found

Grace period before a late fee

None found in the statutes we read

Notice for unpaid rent

If rent is unpaid when due, the landlord may give written notice of nonpayment; if the tenant does not pay within five days after that notice, the landlord may terminate the rental agreement by filing a special detainer action.

“If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement by filing a special detainer action pursuant to section 33-1377.”
Ariz. Rev. Stat. § 33-1368(B)

Paying to stop an eviction

Before a special detainer action is filed, the rental agreement is reinstated if the tenant tenders all past-due rent and a reasonable late fee set out in a written rental agreement; after filing, reinstatement requires past-due rent, reasonable late fees, attorney fees and court costs; after judgment for the landlord, reinstatement is at the landlord's discretion.

“Before the filing of a special detainer action the rental agreement shall be reinstated if the tenant tenders all past due and unpaid periodic rent and a reasonable late fee set forth in a written rental agreement. After a special detainer action is filed the rental agreement is reinstated only if the tenant pays all past due rent, reasonable late fees set forth in a written rental agreement, attorney fees and court costs. After a judgment has been entered in a special detainer action in favor of the landlord, any reinstatement of the rental agreement is solely in the discretion of the landlord.”
Ariz. Rev. Stat. § 33-1368(B)

Notice for other lease violations

For a material noncompliance with the rental agreement, the landlord may give written notice that the agreement will end not less than ten days after receipt if the breach is not remedied in ten days.

“the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than ten days after receipt of the notice if the breach is not remedied in ten days.”
Ariz. Rev. Stat. § 33-1368(A)

For a noncompliance with § 33-1341 materially affecting health and safety, the landlord may give written notice that the agreement will end not less than five days after receipt if the breach is not remedied in five days.

“If there is a noncompliance by the tenant with section 33-1341 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than five days after receipt of the notice if the breach is not remedied in five days.”
Ariz. Rev. Stat. § 33-1368(A)

Ending a month-to-month or other periodic tenancy

Either party may end a week-to-week tenancy with written notice at least ten days before the termination date, and a month-to-month tenancy with written notice at least thirty days before the periodic rental date specified in the notice.

“A. The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten days prior to the termination date specified in the notice. B. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.”
Ariz. Rev. Stat. § 33-1375(A)-(B)

Lockouts and utility shutoffs

If the landlord unlawfully removes or excludes the tenant or willfully interrupts essential services, the tenant may recover possession or terminate the agreement and recover up to two months' periodic rent or twice actual damages, whichever is greater.

“If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than two months' periodic rent or twice the actual damages sustained by him, whichever is greater.”
Ariz. Rev. Stat. § 33-1367

Retaliation

A landlord may not retaliate by raising rent, decreasing services, or bringing or threatening an action for possession after any of the tenant actions listed in the statute.

“Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after any of the following:”
Ariz. Rev. Stat. § 33-1381(A)-(B)

Evidence of a tenant complaint within six months before the alleged retaliation creates a presumption that the landlord's conduct was retaliatory.

“In an action by or against the tenant, evidence of a complaint within six months prior to the alleged act of retaliation creates a presumption that the landlord's conduct was in retaliation.”
Ariz. Rev. Stat. § 33-1381(B)

What the notice must say and how it is delivered

For § 33-1368 notices, "days" means calendar days.

“For the purposes of this section, "days" means calendar days.”
Ariz. Rev. Stat. § 33-1368(G)

A tenant receives notice when it is delivered in hand or mailed by registered or certified mail; mailed notice is deemed received on actual receipt or five days after mailing, whichever is first.

“If notice is mailed by registered or certified mail, the tenant or landlord 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.”
Ariz. Rev. Stat. § 33-1313(B)

Court deadlines and the eviction case

In a special detainer action, the summons commands the tenant to appear and answer at a time not more than six nor less than three days from the date of the summons.

“The summons shall be issued on the day the complaint is filed and shall command the person against whom the complaint is made to appear and answer the complaint at the time and place named which shall be not more than six nor less than three days from the date of the summons.”
Ariz. Rev. Stat. § 33-1377(B)

Late fees and grace periods

Arizona's statute refers to a "reasonable late fee set forth in a written rental agreement" when describing what a tenant must tender to reinstate the agreement before a special detainer action is filed.

“Before the filing of a special detainer action the rental agreement shall be reinstated if the tenant tenders all past due and unpaid periodic rent and a reasonable late fee set forth in a written rental agreement.”
Ariz. Rev. Stat. § 33-1368(B)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Arizona rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Arizona have to give for unpaid rent?

If rent is unpaid when due, the landlord may give written notice of nonpayment; if the tenant does not pay within five days after that notice, the landlord may terminate the rental agreement by filing a special detainer action. (Ariz. Rev. Stat. § 33-1368(B)).

How much notice is needed to end a month-to-month tenancy in Arizona?

Either party may end a week-to-week tenancy with written notice at least ten days before the termination date, and a month-to-month tenancy with written notice at least thirty days before the periodic rental date specified in the notice. (Ariz. Rev. Stat. § 33-1375(A)-(B)).