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Arizona 5 Day Notice to Pay or Vacate

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5-DAY NOTICE TO PAY RENT
OR LEASE TERMINATES – NON-RESIDENTIAL

TO: Tenant(s):

FROM: Landlord:

Address of Leased Premises:

NOTICE IS HEREBY GIVEN that you are in breach of the Lease Agreement on the above described lease premises due to failure to timely pay rent. Except as provided below, within five (5) days after service of this notice upon you, you must pay in full to Landlord the rent and other charges now due and unpaid, as follows:

$ Rent for

$ Late Charges

$ Other

$ Other

$ Total (exclusive of future accruing costs)

Payment will be accepted only by: cash; money order; cashier's or certified check; personal check

IF YOU FAIL TO TENDER FULL PAYMENT, your Lease will be terminated and you must surrender possession of the premises to Landlord. If you fail, within the five (5) day notice period, either to pay the total charges in full, or to surrender possession of the premises, legal proceedings will be commenced against you to recover possession and to recover a judgment for the rent and damages for your unlawful detention of the premises, and all costs of court including attorneys' fees to the extend allowed by applicable law and/or the lease agreement. Surrender of the premises does not relieve you of liability for the outstanding balance.

The five (5) day notice period described herein shall expire at:

o'clock [a.m./ p.m.], on the day of , 20

LANDLORD RESERVES ALL RIGHTS AND REMEDIES UNDER THE LEASE AGREEMENT AND UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO CONTRACTUAL DAMAGES FOR UNPAID RENT, AND NOTHING IN THIS NOTICE SHOULD BE CONSTRUED AS A WAIVER OR RELINQUISHMENT OF SAME.

If you have any questions, please call at

Signed, this the day of , 20

Signed:

PROOF OF DELIVERY

A copy of this Notice was delivered to Tenant:

by hand

by registered/certified mail at the above address, which is:

the place designated by Tenant for receipt of communications;

Tenant's last known place of residence;

by posting prominently on the front door of the leased premises.

Notice delivered/mailed/posted by:

In his/her capacity as: Landlord/Lessor; Manager; Agent.

Notice delivered/mailed/posted on:

Note:

Under Arizona Code, Title 33, Chap. 10, §33-1313(B):

If notice is mailed by registered or certified mail, the tenant or landlord is deemed to have received such notice on the date the notice is actually received by him or five days after the date the notice is mailed, whichever occurs first.

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What the Arizona 5 Day Notice to Pay or Vacate Is

The Arizona 5 Day Notice to Pay or Vacate is a written landlord notice used in residential tenancies when a renter fails to pay rent on time. It informs the tenant of the amount due, provides a five-calendar-day opportunity to pay in full, and warns that failure to cure the delinquency may lead to eviction filing. The notice must identify the parties, the property, the rent due and the date by which payment or vacating is required, and must be delivered using an accepted service method under local rules.

Why Using a Proper 5 Day Notice Matters

A correctly prepared notice preserves the landlord’s legal remedies while offering a clear, documented opportunity for tenants to cure a rent default. Proper form and delivery reduce the risk of procedural dismissal if eviction is later pursued.

Why Using a Proper 5 Day Notice Matters

Who Typically Prepares and Receives This Notice

Landlords and property managers use this notice to enforce timely rent payment and document attempts to resolve nonpayment before court action.

  • Independent landlords managing single-family rentals who need a standard legal notice for nonpayment situations.
  • Property management companies handling multi-unit portfolios who require consistent, auditable notice procedures across properties.
  • Attorney or paralegal teams preparing notices and preserving evidence for potential eviction filings in superior or justice courts.

Step-by-Step: Preparing and Issuing the Notice

Follow these core steps to prepare and serve a legally defensible 5 Day Notice to Pay or Vacate in Arizona.

  • 01
    Confirm lease terms: Verify rent due date and grace periods in the lease.
  • 02
    Calculate balance: Itemize unpaid rent and allowable fees before issuing the notice.
  • 03
    Complete notice: Fill every required field and date the document accurately.
  • 04
    Serve notice: Deliver using a method recognized by local courts and record proof of service.

Common Questions and Practical Answers

Answers to frequent questions about form completion, service, and next steps after the five-day period.


Need help? Contact support

Key Elements Every Arizona 5 Day Notice Should Include

A professional notice contains specific, verifiable elements to support later enforcement and to reduce procedural challenges.

Notice Date

The date the notice is executed and delivered; this starts the five-calendar-day cure period and anchors subsequent deadlines.

Tenant Identification

Full names of all tenants legally responsible under the lease to avoid ambiguity about who must cure the default.

Detailed Amount

Exact unpaid rent total plus permitted late fees or charges and the rent period to which the amount applies.

Property Description

Complete address with unit number and any identifying information that establishes the specific premises subject to the notice.

Cure Instructions

Clear instructions on how and where to make payment, including accepted payment forms and contact details for the landlord or manager.

Service Record

A place to note how the notice was served and who performed service; this supports proof if the matter proceeds to court.

Essential Data Fields Checklist

Landlord Contact: Phone and email
Tenant Contact: Primary phone or email
Notice Amount: Exact dollars
Effective Date: MM/DD/YYYY
Service Method: Personal/Posted/Mail
Signature Line: Landlord or agent

Legal Risks If the Notice Is Defective

Notice Invalidated: Court dismissal
Delay in Relief: Extended vacancy timeline
Waiver Risk: Acceptance may waive defaults
Monetary Exposure: Possible damages or costs
Repeat Litigation: Additional court filings required
Recordkeeping Failures: Loss of evidentiary support

Common Preparation Errors to Avoid

  • Failing to confirm the lease’s defined rent due date and any written grace period before issuing the notice, which can invalidate the landlord’s position.
  • Leaving blank or ambiguous fields such as tenant name, amount due, or cure date, giving tenants a defense about notice sufficiency.
  • Using an unaccepted service method for the jurisdiction or failing to document service attempts, eliminating reliable proof for court.
  • Accepting partial payment without a written agreement that preserves the right to proceed, which may be construed as waiver by some courts.

How Notice and Enforcement Typically Progress

A clear, documented progression helps landlords and tenants understand obligations and next steps if the cure deadline is missed.

  • Document Default: Record unpaid rent and authorize notice issuance.
  • Serve Notice: Deliver per local rules and record proof.
  • Wait Cure Period: Five calendar days for payment or vacating.
  • File Eviction: If unpaid, file in the appropriate court.

Digital Workflow Settings for Online Completion

Configure your digital workflow to ensure form accuracy, authentication, and a clear audit trail.

Field Configuration
Template Use a locked PDF or DOCX template
Authentication Email or SMS code for signer verification
Service Logging Enable signed affidavit or attestations
Retention Enable secure archival and export formats

Digital Delivery and eSignature Considerations

Maintain auditable evidence of execution and service; ensure the chosen platform complies with ESIGN and UETA standards for electronic records.

  • Integrations: Salesforce, NetSuite, Google Workspace
  • File Types: PDF and DOCX supported
  • Authentication: Email, SMS, optional KBA

Timeframes and Critical Deadlines

Understand the timing requirements from notice delivery through potential court filing to avoid procedural defects.

Cure Period Length:

Five calendar days to pay or vacate from notice delivery.

Proof of Service:

Prepare affidavits and receipts immediately upon service.

Eviction Filing Window:

File after the cure period expires and tenant remains delinquent.

Court Hearing Timing:

Local courts set hearing schedules; expect prompt dockets.

Record Retention:

Retain notice and service proof for the case lifecycle.

Key Milestones from Notice to Case Resolution

A high-level sequence of milestones helps track deadlines and required actions after issuing a 5 Day Notice.

01

Notice Issued

Create and date the notice; start the cure clock.

02

Service Completed

Document the chosen delivery method and proof of service.

03

Cure Period Elapses

If unpaid, prepare court filing documents and evidence.

04

Eviction Hearing

Attend and present documentation if the tenant contests removal.

eSignature Vendor Comparison for Notice Workflows

Comparing common eSignature providers can help determine cost and compliance fit for notices and proof-of-service documentation.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Trial available Trial available Trial available Trial available
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Practical Use Examples

Two real-world examples illustrate how organizations use digital tools and standardized notices to streamline collections.

Martin Properties

A regional property manager standardized notices across units to accelerate collections and reduce errors.

  • They used mobile-ready templates for on-site delivery.
  • As a result, they reported faster documentation and consistent proof-of-service, easing downstream court preparation and reducing administrative overhead.

Optica Ventures LLC

A small landlord adopted electronic templates to maintain uniform notices across multiple rental properties.

  • Templates ensured all required fields were present.
  • The change reduced preparation time and improved recordkeeping accuracy, which simplified matters when legal counsel was needed.

Representative Signers and Preparers

Property Manager — Jane Doe

A property manager prepares notices on behalf of multiple landlords, maintains service logs, and coordinates payments. Accuracy in names, amounts, dates, and service records is central to preserving the right to pursue eviction if needed.

Independent Landlord — John Smith

An owner-operator who issues notices directly and often performs personal service. Clear documentation and secure retention of signed notices reduce the risk of procedural defects during court proceedings.

Practical Tips for Accurate and Efficient Completion

Adopt practices that reduce risk and speed resolution when dealing with rent defaults.

Use a Standard Template
Lock required fields in a template to ensure consistency and reduce omissions that could invalidate the notice.
Document Service
Capture photos, receipts, affidavits, or mail tracking numbers to support proof of service in court.
Preserve Audit Trails
Retain electronic timestamps and signer verification logs to substantiate delivery and receipt for e-signed notices.
Review Local Rules
Confirm county or municipal requirements for service and filing to prevent procedural dismissal.

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