Which notice does an Arizona landlord use for a lease violation that is not about rent?
Arizona Revised Statutes 33-1368 gives four notices. A material lease violation gets a 10-day notice to cure, a health and safety violation of the tenant's duties gets a 5-day notice to cure, a repeat of the same kind of breach gets a 10-day notice with no cure, and a material and irreparable breach on the premises, such as an assault or a weapon discharge, gets an immediate termination notice. Days are calendar days, counted from when the tenant receives the notice.
Picking the right notice
| What the tenant did | Notice | Can the tenant fix it? | Then |
|---|---|---|---|
| A material breach of the lease, such as an unapproved pet, an extra occupant, or a material falsification on the application | 10 days | Yes, by remedying within 10 days. A material falsification about occupants, pets, income, Social Security number, employment, criminal record or eviction record cannot be cured | Lease ends on the date in the notice if not remedied |
| A breach of the tenant's duties in 33-1341 that materially affects health and safety, such as garbage piling up or damaged plumbing | 5 days | Yes, by repair, paying damages or otherwise, before the date in the notice | Lease ends on the date in the notice if not remedied |
| The same or a similar breach again, during the lease, after the tenant fixed the first one | 10 days | No | You may file a special detainer action 10 days after delivering the notice of the second breach |
| A material and irreparable breach on the premises, such as an illegal weapon discharge, threats or assault, drug dealing, street gang activity or serious property damage | Immediate | No | File a special detainer action; trial is set within 3 days of filing |
Source: A.R.S. 33-1368(A). The tenant's duties in 33-1341 include keeping the unit clean and safe, disposing of garbage properly, using plumbing and appliances reasonably, not damaging the premises, and not disturbing neighbors' peaceful enjoyment. Rent is separate: unpaid rent has its own 5-day notice under 33-1368(B).
What the notice must say
- The acts or omissions that make up the breach, specifically: what, where, when.
- For a curable breach, that the lease will end on a stated date, at least 10 (or 5) days after the tenant receives the notice, unless the breach is remedied in that time.
- For a repeat breach, that a second breach of the same or a similar nature has occurred.
- For an immediate termination, that the lease is terminated now because of a material and irreparable breach.
Under 33-1368(F), a tenant is responsible for guests' lease violations if the tenant could reasonably have expected them and did not try to prevent them, so name the guest conduct when that is the issue.
Counting the days
Arizona counts calendar days (33-1368(G)), and the clock runs from receipt. Under 33-1313, a tenant receives a notice when it is handed to them, or when it is mailed by registered or certified mail to the tenant's address. A mailed notice counts as received on the day it is actually received or five days after mailing, whichever comes first.
Example a made-up Tempe owner finds an unapproved dog in unit 14 and mails a 10-day notice by certified mail on March 2. If the tenant signs for it on March 4, it was received March 4 and the earliest end date is March 14. If the tenant never picks it up, it counts as received on March 7, five days after mailing, and the earliest end date is March 17. Handing it to the tenant on March 2 instead makes the earliest date March 12. Writing the later date in the notice avoids an argument.
If the tenant does not cure: the special detainer case
Lease violation cases go to court as a special detainer action under A.R.S. 33-1377, which moves fast. The summons is issued the day the complaint is filed and sets a hearing 3 to 6 days later; for a material and irreparable breach, trial is set no later than the third day after filing. A judge can postpone for good cause, by up to 3 days in justice court or 5 in superior court. If you win on an irreparable breach, the court orders the unit returned to you 12 to 24 hours later.
You may also recover reasonable damages, court costs, reasonable attorney fees and quantifiable damage to the premises (33-1368(C)). Accepting rent with knowledge of a breach can complicate the case, so talk to an Arizona attorney before you take a payment after serving a notice.
How DoorKeeping helps
DoorKeeping keeps the lease, photos and every notice as documents on the tenant's unit, with the date each was sent, and any notice waits for your one-tap approval before it goes out. You can ask Claude or ChatGPT which units have an open violation and the date each cure period ends. DoorKeeping is $2 per unit per month with $0 in other fees and gives no legal advice.
Sources
- Arizona Revised Statutes 33-1368, Noncompliance with rental agreement by tenant, read Oct 30, 2026
- Arizona Revised Statutes 33-1341, Tenant to maintain dwelling unit, read Oct 30, 2026
- Arizona Revised Statutes 33-1313, Notice, read Oct 30, 2026
- Arizona Revised Statutes 33-1377, Special detainer actions, read Oct 30, 2026
Questions
- What is a 10-day notice in Arizona?
- A notice under A.R.S. 33-1368(A) for a material lease violation. It names the breach and says the lease ends on a date at least 10 days after the tenant receives it unless the breach is fixed in that time.
- When can an Arizona landlord give a 5-day notice for something other than rent?
- When the tenant breaks a duty in 33-1341 in a way that materially affects health and safety, such as unsafe garbage or damage. The tenant can still fix it within the 5 days.
- Does certified mail add days to an Arizona notice?
- It can. A certified letter counts as received when the tenant actually gets it or five days after mailing, whichever is first, and the notice period starts from receipt.