Question: I recently went to court and got my case kicked out for the reason i sent the 5 day notice via certified mail and didn't wait 10 days to file a forcible detainer?... i waited 7 days?. the judge said it is 5 days for serving it by hand but 10 if it is done certified mail? is this right? thanks
Answer: Yes, the 5 day notice must be properly filed because the landlord must be able to prove to the court that the tenant received the notice as required by law. Arizona residential property owners' rights and obligations with respect to tenants are governed by the Arizona Residential Landlord and Tenant Act. The Arizona Residential Landlord and Tenant Act provides that when the landlord sends the five day notice via certified mail, the tenant is deemed to have received the notice five days after the notice was mailed. Therefore, when the five day notice is mailed to the tenant via certified mail, the tenant who refuses to sign actually gets ten days to cure the default before the landlord can file a forcible detainer. The tenant is deemed to have received the notice five days after mailing, which means that the five day notice period begins on that date.
July 15, 2009