Eviction

questions & answers

Question: What are the grounds for a tenant to be given a 5 day eviction notice?

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. 33 Chapter 10), a landlord may provide a tenant with 5-day written notice that the landlord intends to have the tenant evicted for either of two reasons: 1. non-payment of rent by the tenant (A.R.S. § 33-1368(B)) If the tenant does not pay the full amount of the rent that is owed within 5 days (unless the landlord agrees to a different arrangement or chooses to accept partial payment), then the landlord may go to court to begin the eviction process. 2. failure by the tenant to properly maintain the rental unit in a manner that “materially affects health and safety” (A.R.S. §33-1368(A)). (For example, by violating applicable building codes; by willfully or negligently causing damage or destruction; by not or improperly disposing of garbage and other waste; or by improperly using electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances.) If the tenant does not fix or otherwise satisfactorily address the problem within 5 days, then the landlord may go to court to begin the eviction process.