Arizona Eviction Notice for Nonpayment of Rent: How Many Days and How to Count Them
In Arizona a landlord can file a special detainer action for unpaid rent only after five days have passed from a written notice. Here is how to count the days, when a mailed notice counts as received, what the tenant must tender to reinstate and what the landlord can recover.
What is the Arizona notice for unpaid rent?
If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period, the landlord may terminate the rental agreement by filing a special detainer action (A.R.S. 33-1368(B)). The Arizona eviction notice calculator turns the delivery date into the earliest day the landlord can file.
Is it five calendar days or five business days?
Calendar days. The section says that for its purposes “days” means calendar days (33-1368(G)). The general counting rule excludes the first day and includes the last, unless the last day is a holiday, and then it is excluded too (A.R.S. 1-243), and every Sunday is a holiday (1-301). A notice delivered on a Wednesday therefore has its fifth day on Monday, and the landlord can file on Tuesday.
When is a mailed notice received?
A notice mailed by registered or certified mail is deemed received on the date it is actually received or five days after the date it is mailed, whichever occurs first (33-1313(B)). A hand-delivered notice is received when delivered. If the landlord mails the notice, it should allow for the receipt rule before it counts the five days.
What must the notice say?
The statute asks for notice of nonpayment and of the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. Keep a copy of what was delivered, because the landlord submits the eviction notice with the complaint when it files in court (Maricopa County Justice Courts: what happens in an eviction action).
Can the tenant stay by paying?
Before the special detainer action is filed, the rental agreement is reinstated if the tenant tenders all past due and unpaid periodic rent and a reasonable late fee set forth in a written rental agreement. After the action is filed, the agreement is reinstated only if the tenant pays all past due rent, reasonable late fees, attorney fees and court costs. After a judgment for the landlord, any reinstatement is solely in the landlord’s discretion (33-1368(B)).
Can a tenant withhold rent?
A tenant may not withhold rent for any reason not authorized by the chapter (33-1368(B)). A tenant who thinks repairs are owed should use the remedies the chapter gives rather than stop paying.
What can the landlord recover?
The landlord may recover all reasonable damages resulting from the noncompliance, court costs, reasonable attorney fees and all quantifiable damage caused by the tenant to the premises (33-1368(C)). A federal 30-day notice may apply to a covered dwelling (15 U.S.C. 9058(c)). After the five days, see the Arizona eviction timeline calculator.
A worked example
| When | What happens |
|---|---|
| Day 0 (a Wednesday) | The notice is hand-delivered |
| Day 5 (Monday) | Fifth day: the tenant can still tender the rent and a reasonable late fee |
| Day 6 (Tuesday) | The landlord can file the special detainer action |
If the same notice is mailed by registered or certified mail, it is deemed received on the date it is actually received or five days after mailing, whichever is first, so the five days can start up to five days later. The Arizona eviction notice calculator does the count.
Frequently asked questions
How long is an Arizona eviction notice for nonpayment?
Five days after written notice of nonpayment and of the intention to terminate.
Are the five days calendar days?
Yes. In the section, days means calendar days, with a holiday or Sunday on the last day moving the end to the next day.
Can I pay after getting the notice?
Before filing, tender all past due rent and a reasonable late fee set in a written rental agreement to reinstate. After filing, you must also pay attorney fees and court costs.
When is a mailed notice received?
On the date actually received or five days after mailing, whichever is first.
Can a landlord evict me without going to court?
No. The landlord must file a special detainer action, and a landlord that unlawfully removes or excludes a tenant can owe up to two months’ rent or twice the actual damages.
Official sources
- A.R.S. 33-1368: noncompliance by the tenant; failure to pay rent
- A.R.S. 33-1313: notice; when a mailed notice is received
- A.R.S. 1-243: computation of time
- A.R.S. 1-301: legal holidays
- Maricopa County Justice Courts: what happens in an eviction action
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Arizona statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Arizona attorney.