How Much Notice Does a Landlord Have to Give for Unpaid Rent in Arizona? (5 Days)
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In Arizona, a landlord must serve a 5-Day Notice before filing an eviction for unpaid rent. The statute is A.R.S. § 33-1368(B). In short: 5 days after written notice to pay; the notice must state the nonpayment and the landlord's intention to terminate.
What A.R.S. § 33-1368(B) requires
- Notice period: 5 days.
- How the days are counted: The day of the act is excluded and the last day is included; if the last day is a holiday or weekend it is excluded too.
- Watch out: Only a late fee set in a written rental agreement may be added; other charges belong in a separate claim.
- Watch out: If the tenant tenders the full amount before filing, the agreement is reinstated and you cannot file on this notice.
- Statute: A.R.S. § 33-1368(B).
How the notice can be served in Arizona
- Hand-delivered to the tenant: Hand the notice to the tenant.
- Registered or certified mail (adds 5 days before the period starts): Mail by registered or certified mail. The notice is deemed received five days after mailing or on actual receipt, whichever comes first, so the LeaseLenses notice generator counts from the fifth day.
Record the method, the date, and who delivered it. The service date is where the 5-day count begins, and it is the first thing a judge checks.
When the period ends
A notice that miscounts the period, or is filed on before it has run, gets the case dismissed rather than delayed, and the landlord starts over with a fresh notice. Count from the service date under the Arizona rule above, add any mailing days for the method used, and file only after the last day has passed.
Frequently Asked Questions
Q: Does the day I serve the notice count as day one in Arizona?
A: The day of the act is excluded and the last day is included; if the last day is a holiday or weekend it is excluded too. Apply that rule to the service date, then add the mailing allowance if the method calls for one.
Q: Can a Arizona landlord serve the notice by mail?
A: Yes. Registered or certified mail adds 5 days. Keep the receipt.
Q: What if the tenant pays some of the rent during the 5 days?
A: Accepting partial payment can affect the notice; read the cautions above before deciding, and put any agreement in writing. When in doubt, a fresh notice is cheaper than a dismissed case.
Sources Checked
- Ariz. Rev. Stat. § 33-1321 (the Arizona statute cited above)
- A.R.S. § 33-1368(B) (the Arizona notice statute)
- LeaseLenses Arizona deposit and notice data set, last reviewed 2026-09-19; the same data powers the Arizona document tools
- Arizona landlord-tenant overview and the Arizona deposit rules page
This page is general legal information for Arizona, not legal advice. Statutes change; read the current text before relying on a deadline in court.
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