Arizona Notice to Quit
The Arizona Notice to Quit is a type of eviction notice form used by landlords, property managers, and property management companies to notify tenants that they must either comply with an order, or quit and give up possession of the rental property within a certain period of time. Arizona Notice to Quit forms are commonly used to inform the tenant of nonpayment of rent, lease termination, and health hazard or injury to the property.
Arizona Notice to Quit - Why it is important?
You can use the notice to quit form to end your Arizona Residential Lease if the tenant has failed to pay rent. The Arizona Notice to Quit Form should not be confused with the "Writ of Possession" (read more about Arizona eviction notice) which is issued by the courts. The Notice to Quit Form is the beginning of the eviction process, and it communicates the intention to initiate eviction proceedings if a tenant does not comply with an order and remains on the premises beyond the specified date. If the tenant does not comply with the notice (for example they must pay rent or quit the lease and vacate the premises), you may be forced to take legal action to have the tenant removed from the property. If the notice has been ignored by the tenant and the move out date in the notice has passed, you have grounds to bring forth a lawsuit for “unlawful detainer”, in which case the tenant has the option to fight the eviction in court. Arizona Notice to Quit is important in following cases:
- Serving a Notice to Quit is one of the first steps Arizona property management companies can take to regain possession of rental property from the tenant.
- Arizona Notice to Quit notifies tenants they have violated the terms of the lease agreement and must vacate the premises within a certain period of time if they cannot comply with the remedy order.
Arizona Notice to Quit – When should it be used?
Before the eviction process, when a landlord or property manager in Arizona wants a tenant to either comply with an order or vacate the rental property if they cannot comply, they will use the Arizona Notice to Quit Form to inform tenants they must remedy the problem within a short period of time (often 5-10 days), or leave the premises (quit) by a certain date (usually 30 days).
- First Step in Eviction: A Notice to Quit is the initial step for Arizona property managers to regain possession of rental property from a tenant.
- Violation Notification: It informs tenants that they have breached the lease and must vacate within a specific timeframe, unless they remedy the violation.
- Legal Requirement: Arizona law mandates a Notice to Quit before initiating eviction proceedings in court. Without this notice, eviction cannot proceed.
- Common Reasons: Arizona notices may be issued for nonpayment of rent, material lease violations, health and safety violations, illegal activity, or a tenant overstaying the lease term.
- Notice Periods: A 5-day notice is required for nonpayment of rent, and a 10-day notice is for other curable lease violations (material noncompliance).
- Tenant’s Right to Cure: Tenants may cure certain violations such as paying overdue rent within 5 days or fixing a lease violation within 10 days unless the violation involves criminal acts or health/safety threats, which allow no right to cure.
Property managers can use property management software to track each individual Arizona rental lease and make sure their tenants are paying the correct amount of rent and on time.
Arizona Notice to Quit – What should be included?
The Arizona Notice to Quit Form must contain the reason for serving the Notice to Quit and the amount of time the tenant has. The problem must be clearly stated on the notice, so the tenant has reasonable awareness and can either correct the issue, or vacate the rental property. Here are some of the basic details that should be included if the rental property is in Arizona:
Name of Tenant and Other Persons who need to comply with the order or vacate the property:
- Address of the Rental Property: Full legal address, including unit number if applicable.
- Name of Tenant and Other Persons: Full legal names of all tenants and other individuals required to vacate.
- Date of the Notice: The date when the Notice to Quit is issued.
- Landlord or Property Manager's Name: The full name or legal business name of the landlord or entity issuing the notice.
- Notice Period: Clearly specify the notice duration (e.g., 5 days for nonpayment, 10 days notice is for other curable lease violations (material noncompliance)).
- Move-Out Date (Vacate Date): The exact date by which the tenant must vacate the property.
- Reason for Lease Termination: Clearly state the reason (e.g., nonpayment, lease violation).
- Signature of Party Giving Notice: The signature of the landlord or tenant, depending on who is initiating the notice.
- Legal Disclaimer: A statement confirming compliance with Arizona Civil Code and specifying that the notice may not be valid outside Arizona.
Arizona Notice to Quit – What should I do with it?
The Notice to Quit Form must be “served” to the tenant by either Personal Service or Mail Service. In some states you can leave it at the rental property right on the front door, but in most cases it is better for you to have an independent party take two copies of the Arizona Notice to Quit to the rental property, give one to the tenant in person, and get their signature on second copy so that you can retain for your records. If you are mailing the Notice to Quit, you should send the Arizona Notice to Quit Form using First Class Certified Mail and retain the receipt.
Arizona Notice to Quit – What else should I know?
There are generally three types of Arizona Notice to Quit Forms. The Arizona Notice to Quit for Nonpayment of Rent can be used when rent is not paid, and the tenant may be given a short period to either pay up or move out. The Arizona Notice to Quit Form for Termination of Tenancy is similar to the Arizona Notice to Vacate Form and can be used to inform the tenant to leave after the lease is up (common with month to month leases in Arizona), or if there is no lease and you just want the tenant to leave. It is different from the Arizona Lease Termination Form, which terminates the Arizona Lease Agreement when there are other breaches in contract. The Arizona Notice to Quit Form for Health Hazard and Physical Injury should be used if the tenant creates a health hazard or physical injury to the property which is serious or continuing. These forms must be detailed and specific, because an inaccurate or incomplete statement of the problems could cause a later eviction complaint to be dismissed.
After receiving the Notice to Quit, the amount of time a tenant has until they have to comply or vacate the property will vary by state, so you should be sure to check with the laws in Arizona. In some states, tenants are given a 30 Day Notice to Quit, while in other states, a 3 Day Notice to Quit is acceptable.
Key Terms & Provisions
An Arizona Notice to Quit is a legal document used by either a landlord or a tenant to formally notify the other party that they intend to end the Rental Agreement. It must comply with Arizona Civil Code and be delivered in a legally acceptable way:
- Date of Notice – The specific calendar date when the notice is issued.
- Names of All Parties Involved – Full legal names of the tenant(s) and landlord/property manager.
- Rental Property Address – Full legal address and unit description.
- Notice Period: Clearly state the notice length
- Move-Out Date
- Reason for Termination
- Signature of Party Giving Notice: Landlord’s or tenant’s signature depending on who is initiating the notice.
- Legal Disclaimer: A statement acknowledging that the form complies with Arizona Revised Statutes and may not be valid outside Arizona.
Why Arizona Landlords & Property Managers Choose SimplifyEm Notice to Quit Template?
We understand the importance of handling lease terminations legally and efficiently in Arizona. That’s why our Arizona Notice to Quit Template is designed to simplify the process and minimize legal risk. Here’s why property managers and landlords trust SimplifyEm’s template:
- Legally Compliant – Our Notice to Quit form aligns with the requirements of Arizona Revised Statutes (A.R.S. § 33-1368), ensuring your notice is valid and enforceable.
- Flexible Notice Periods – The template accommodates Arizona-specific timelines, such as the 5-Day Notice for nonpayment of rent, 10-Day Notice for material lease violations, and other required notice periods under state law.
- Simple & User-Friendly – Designed with clarity and ease of use in mind, the form allows landlords to quickly enter required details and issue a proper notice without confusion.
- Helps Prevent Disputes – Clear language and accurate statutory references help reduce tenant misunderstandings and protect landlords from avoidable legal challenges.
- Trusted by Thousands – SimplifyEm is a top-rated provider of property management tools, trusted by property owners nationwide.
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Frequently Asked Questions - FAQs
What is an Arizona Notice to Quit?
An Arizona Notice to Quit is a written notice from a landlord (or sometimes a tenant) telling the other party that the tenancy will end or that the tenant must move out if they do not correct a lease violation. It is often the first step in the eviction process under the A.R.S. §§ 33-1368, 33-1375.
How much notice is required to quit a rental in Arizona?
Under Arizona law (A.R.S. §§ 33-1368, 33-1375):
- 5 days: For nonpayment of rent (5-Day Notice to Pay or Quit).
- 30 days: To end a month-to-month tenancy, by either landlord or tenant.
- 10 days: For most curable lease violations that materially affect health and safety (10-Day Notice to Comply or Quit).
- 7 days: To end a week-to-week tenancy.
- Fixed-term leases automatically end on the lease expiration date unless renewed.
Can a landlord give a Notice to Quit without stating a reason?
Yes. For month-to-month and week-to-week tenancies, a landlord can terminate without cause as long as they give the proper written notice (30 days for month-to-month, 10 days for week-to-week). However, they cannot terminate for discriminatory reasons (Fair Housing laws) or in retaliation for a tenant exercising legal rights, such as reporting code violations (A.R.S. § 33-1381).
Can a landlord give a Notice to Quit before the lease ends?
Yes, in certain situations. A landlord can serve a Notice to Quit during a fixed-term lease if the tenant:
- Fails to pay rent (5-Day Notice to Pay or Quit).
- Commits a material lease violation and does not cure it within the required time (often 10 days).
- Commits a material and irreparable breach (for example, serious criminal activity), which can justify immediate termination.
What information must be included in a Notice to Quit?
An Arizona Notice to Quit must include:
- Date of Notice – The specific calendar date when the notice is issued.
- Names of All Parties Involved – Full legal names of the tenant(s) and landlord/property manager.
- Rental Property Address – Full legal address and unit description.
- Notice Period: Clearly state the notice length.
- Move-Out Date:
- Reason for Termination:
- Signature of Party Giving Notice: Landlord’s or tenant’s signature depending on who is initiating the notice.
- Legal Disclaimer: A short legal disclaimer can be added stating that the notice is given under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33) and is intended for use only with Arizona rental property, although that wording itself is not required by statute.
How should a Notice to Quit be delivered in Arizona?
Under A.R.S. § 33-1313, a notice is properly given when it is:
- Hand-delivered (personally delivered) to the tenant, or
- Sent by registered or certified mail to the tenant’s last known address (the law presumes the tenant receives it 5 days after mailing).
- Other methods (posting on the door, email, portal, text) can be used as extra copies, but they do not replace the hand-delivery or certified/registered mail requirements unless the lease and a court accept them as valid service.
What happens if a tenant doesn’t leave after receiving a Notice to Quit?
If the tenant does not pay, cure the violation, or move out by the deadline in the notice, the landlord may file an eviction (special detainer/forcible detainer) action in Arizona court. If the landlord wins, the court can issue a writ of restitution/possession, allowing law enforcement to remove the tenant and return possession of the property to the landlord.
Is a Notice to Quit the same as a Notice to Vacate?
The terms are sometimes used interchangeably in practice, but they are often used slightly differently:
- A Notice to Quit usually means “cure the problem or leave” (often tied to nonpayment or a lease violation).
- A Notice to Vacate is often used for no-fault or end-of-tenancy situations (such as ending a month-to-month lease).
Do landlords need to give written notice if their lease is ending?
For a fixed-term lease in Arizona, the tenancy normally ends on the lease expiration date without additional notice, unless the lease itself requires notice of non-renewal. However, many landlords and tenants still give around 30 days’ written notice as a best practice to confirm move-out timing, schedule inspections, and handle deposits.
Can a landlord email an Arizona Notice to Quit?
Not by itself. Arizona law recognizes notices that are hand-delivered or sent by registered or certified mail as proper legal service (A.R.S. § 33-1313).
Email may be treated as additional written communication or evidence, and might be acceptable if the lease clearly allows it and a court agrees, but relying on email alone is risky and generally not recommended.
Does the Uniform Residential Landlord and Tenant Act change notice periods in Alaska?
Yes. Under the Arizona Residential Landlord and Tenant Act (A.R.S. § 33-1375), specific notice periods apply depending on the type of tenancy. For a month-to-month tenancy, a landlord or tenant must generally provide at least 30 days’ written notice to terminate the lease. The Act also prohibits landlords from terminating a tenancy for discriminatory or retaliatory reasons.
Can an Arizona Notice to Quit be used as a lease termination notice?
Yes, a Notice to Quit can serve as a Lease Termination notice:
- Month-to-month lease: 30-day written notice (no cause required).
- Week-to-week lease: 10-day written notice.
- Fixed-term lease: Normally ends automatically on the expiration date; if either party wants to end it early, they usually need a legal basis (like a lease violation, statutory right, or mutual written agreement).
Where can I get an Arizona Notice to Quit Form?
You can download a legally compliant, easy-to-use Arizona Notice to Quit Form for landlords or tenants here:
https://www.simplifyem.com/forms/arizona-notice-to-quit
Pro tip for Property Managers and Landlords
Always use a customizable Arizona Notice to Quit template to ensure compliance with Arizona Uniform Residential Landlord and Tenant Act and simplify modifications or renewals.
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