How to serve a notice on a tenant in Arizona: hand it over or send it certified, and count five days for the mail
Arizona's Residential Landlord and Tenant Act defines delivery in one place: A.R.S. 33-1313(B). A tenant "receives" a notice when it is delivered in hand, or mailed by registered or certified mail to the place the tenant holds out for communications or, absent that, the last known residence. If you mail it, the tenant is deemed to have received it on the date actually received or five days after mailing, whichever is first.
Which delivery methods does Arizona accept?
- Hand delivery to the tenant.
- Registered or certified mail to the address the tenant designated for communications.
- If the tenant designated no address, registered or certified mail to the tenant's last known place of residence, which can be the rental unit.
Section 33-1313 does not list posting on the door or ordinary mail as receipt, and the sections read for this post (33-1313, 33-1314 and 33-1368) say nothing about e-mail. If your lease provides for another method, treat it as a backup, not your only proof.
How do you count the clock?
The two common notices run from receipt. For nonpayment, A.R.S. 33-1368(B) says that if the tenant "fails to pay rent within five days after written notice by the landlord of nonpayment," the landlord may file a special detainer action, and the notice must state the intention to terminate if the rent is not paid in that time. For a material breach of the lease, 33-1368(A) uses a termination date "not less than ten days after receipt of the notice" if the breach is not remedied in ten days.
Example a made-up Phoenix owner mails a nonpayment notice by certified mail on Monday, May 3. The tenant has not signed for it. Under 33-1313(B) the notice is deemed received no later than five days after mailing, Saturday, May 8. Five days after that is Thursday, May 13, so the owner waits until after May 13 to file. Hand delivery on May 3 would have moved the date to Saturday, May 8.
What proof should you keep?
Keep a dated copy of the notice, proof of how it was sent or handed over, and a note of who received it. Those three items are what you show a court. For certified mail, that means the receipt with its tracking number, the return receipt or tracking printout, and a photo or scan of what went in the envelope. For hand delivery, write the date, time and place on a copy and have someone other than you witness it if possible.
The mail presumption works in your favor when the tenant dodges the carrier: you do not have to wait for a signature, only for the fifth day after mailing. It also works against you if you start counting too early. A notice mailed on the 3rd is not received on the 3rd.
Common Arizona mistakes
- Sending ordinary first class mail and calling it served. The statute names registered or certified mail.
- Counting the five days from the date on the letter instead of from receipt.
- Leaving the intent to terminate out of the nonpayment notice. Section 33-1368(B) requires it.
- Mailing to the wrong address after the tenant designated another one.
How DoorKeeping helps in Arizona
DoorKeeping keeps each lease's notices, dates and ledger together, so you can ask Claude or ChatGPT what notice a tenant has been given and when the clock ends. Any notice waits for your one-tap approval before it goes out. DoorKeeping never holds your money and sends a payment only when you approve it. This is general information, not legal advice: check the current statute and your own lease.
Sources
Questions
- Can an Arizona landlord post a notice on the door?
- A.R.S. 33-1313(B) defines receipt by hand delivery or registered or certified mail. It does not list posting.
- When is a mailed notice received in Arizona?
- On the date the tenant actually receives it or five days after mailing, whichever occurs first (33-1313(B)).
- How long does an Arizona tenant have after a nonpayment notice?
- Five days after written notice, and the notice must state the landlord's intention to terminate if the rent is not paid (33-1368(B)).