questions & answers

Question: We have sent our 5 day notification to a tenant via certified mail. The tenant is not answering the door in order to receive the mail and sign for it. We have also tried to hand deliver the letter but again no answer at the residence. What is the next step if we can not get the tenant to recieve the 5 day notice

Answer: Section 33-1368 of the Arizona Residential Landlord and Tenant Act – which addresses the 5-day notice – specifies only that landlords must notify their tenants in writing. It does not mention any specific service requirements. Section 33-1377 – which addresses the next step: the summons and eviction complaint – says the following: “The tenant is deemed to have received the summons three days after the summons is mailed if personal service is attempted and within one day of issuance of the summons a copy of the summons is conspicuously posted on the main entrance of the tenant’s residence and on the same day the summons is sent by certified mail, return receipt requested, to the tenant’s last known address.”