How Does a 5-Day Notice Work in Arizona?
In Arizona, landlords can start eviction against tenants by issuing them a 5-day notice. But they must follow certain laws and rules, including proper service.
A 5-day notice in Arizona is the first step in terminating a tenant’s tenancy early by filing an official eviction complaint with the court that has jurisdiction over the property.
Pay Rent or Quit
In Arizona, landlords may evict tenants for various reasons. However, in order to evict a tenant, the landlord must follow proper procedures as laid out by law and the terms of the lease agreement. This includes not engaging in self-help eviction tactics like changing the locks or removing the tenant’s belongings from the property. Evictions are conducted in court and must be approved by a judge before the tenant is removed from the premises.
The first step of the eviction process is serving the tenant with the appropriate notice. The type of notice depends on the reason for the eviction. For example, if the tenant is late with paying rent, the landlord must serve them with a 5-Day Notice to Pay Rent or Quit. The notice must state how much the tenant owes in rent and late fees and how many days they have to make a payment or move out.
Other violations, such as repeated health or safety issues, do not allow the tenant to fix the problem and, therefore, must vacate by the end of the 5-day notice period. Some of these issues include not keeping trash outside for long periods of time and inviting bugs or rodents to the property, not completing basic repairs on the property, and providing false information on a rental application (including the number of occupants or inaccurate employment and income).
After the 5-day notice period ends, the landlord must file an official eviction complaint with the proper court. The complaint must contain the relevant details of the eviction and be served to the tenant in person by someone over the age of 18 or by leaving it at their residence in a conspicuous location.
If the landlord’s eviction Complaint meets all of the requirements laid out by the laws and rules of the particular court, then the judge will schedule an eviction hearing and issue a Summons to the tenant. If the tenant believes that the landlord did not provide them with a sufficient amount of time to pay their rent or correct the problem or that the eviction Complaint and Summons did not meet the requirements laid out by the law or the rules, then they can file an eviction defense against the landlord in court.
Evict for Illegal Behavior
If a landlord believes that a tenant is committing illegal activity on the property, they may be able to file an eviction lawsuit. However, landlords must carefully validate their suspicions before making a decision to file. Jumping to conclusions could cause serious legal trouble for both parties. It is also important to note that a tenant can avoid eviction for illegal activity by paying rent and catching up on late fees before the hearing.
Before a landlord can file an eviction case, they must give the tenant notice that they are going to do so. This notice must state the issue and how long they have to correct it. For example, a tenant who is being evicted for not paying rent must be given five days to pay or vacate the property. Landlords can give the notice by hand or through registered or certified mail. It is also important to note that the landlord must serve the notice correctly.
Once the eviction process has started, the tenant will be given a court date to appear before a judge. At this time, the judge will review all the evidence and decide. If the judge rules in favor of the landlord, then the tenant will be evicted from the property. The judge can also grant the tenant an extension or dismiss the eviction.
While most evictions in Arizona are based on non-payment of rent, a tenant can still be evicted for other issues. Some of the most common reasons for eviction include engaging in criminal street gang activity, manufacturing, selling, transferring, possessing, or using a controlled substance, and creating or permitting a nuisance. Landlords can check their state’s laws to see the exact requirements for evicting a tenant for these types of issues.
When dealing with any kind of landlord-tenant issues, it is always best to consult a lawyer. They can guide you through the process of filing an eviction and help protect your rights. Many organizations offer free or low-cost legal help for tenants who need it.
Evict for Health and Safety Violations
If a tenant violates any rules or laws that affect the property they rent, they may face eviction. However, in Arizona, landlords must have legal cause to evict tenants. Generally, this means that the tenant has broken the lease/rental agreement terms or committed a crime on the property.
For instance, a landlord can serve a 5-Day Pay or Quit Notice if the tenant hasn’t paid the rent they owe by the end of the five days. The eviction notice must state the amount of rent that is due, and it must also describe any late fees. It should also state that the tenant has the right to remain in the property if the rent is paid by a specific date, or they will be required to move out of the rental unit.
A landlord may also use this notice if the tenant has violated any laws that protect the health and safety of others in the neighborhood, such as allowing trash to accumulate for long periods of time or permitting unauthorized pets on the property. These types of violations are usually considered “curable,” meaning the tenant can fix them within a certain period of time, such as five days. Landlords also have the option to serve a 10-Day Notice of Noncompliance if the tenant violates a lease provision that directly affects the health and safety of others in the community, such as having unauthorized people or animals living in the home or using drugs or e-cigarettes on the property.
Landlords may also evict a tenant if they’re engaged in illegal activity on the property, such as criminal street gang activity or manufacturing or selling drugs. However, landlords must first serve them with an immediate notice to vacate (also known as a special detainer action) before they can file an eviction lawsuit.
From start to finish, an eviction in Arizona usually takes one to six weeks. However, the process can take longer if the tenant contests the eviction lawsuit or does not cooperate with the court’s orders. For this reason, it is best to have a lawyer assist you in the eviction process so that all steps are taken correctly and legally.
Evict for Damage
In Arizona, there are many reasons why a landlord can evict a tenant. Some reasons include not paying rent, breaching lease terms, and committing illegal activity. However, it is important that landlords have a legal reason to evict tenants and that they follow proper procedures before doing so. This includes serving the tenant a proper 5-day notice and documenting the date, time, and method of service. A landlord can personally serve a tenant, or if they are not home, affix the notice to the door of the property or send it by certified mail with a return receipt.
Landlords can also evict tenants for violating the health and safety standards of the property. This may include a lack of working smoke detectors, insufficient electrical outlets, or plumbing issues. It may also be an issue if the tenant is causing disturbances in the neighborhood or creating a nuisance on the premises. It is up to the landlord to decide what violations are serious enough to warrant a 5-day notice. Some violations allow the tenant to fix (“cure”) the issue and remain in the property, while others do not (incurable violation) and require the tenant to vacate immediately.
Once a 5-day notice has been served, the landlord will file an eviction complaint with the court. The court will then schedule an eviction hearing within three to six days from the date that the complaint was filed. At the hearing, the judge will listen to both sides of the story and decide whether to order the tenant to pay rent or quit.
If the judge rules in favor of the landlord, they will have to formally evict the tenant. The process of eviction can take anywhere from one to six weeks, depending on how long the tenant contests the ruling.
If a tenant is evicted for any reason, it can cause them to have a hard time finding new housing in the future and can affect their credit. It is important for landlords and tenants to understand that both parties have responsibilities under the law and that it is important to keep up with monthly rent payments and maintenance responsibilities.
With a solid foundation in technology, backed by a BIT degree, Lucas Noah has carved a niche for himself in the world of content creation and digital storytelling. Currently lending his expertise to Creative Outrank LLC and Oceana Express LLC, Lucas has become a... Read more