The Arizona 10-day notice to quit for second health and safety violation terminates a tenancy between a landlord and a tenant who has committed a second violation of their obligations with regard to the health and safety of others, giving the tenant ten (10) days to quit the premises. This notice is only used if the landlord has already warned the tenant about violating health and safety obligations by delivering a 5-Day Notice to Quit for Non-Compliance Affecting Health and Safety at some point during the tenancy. After the ten-day period has ended, the lease between the parties is terminated and the tenant must have vacated the premises before the last day of the notice period. If the tenant maintains possession after the notice period, the landlord can file an eviction action.
Laws – § 33-1368(A)
Tenant’s Obligations (§ 33-1341)
The tenant shall:
1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building codes materially affecting health and safety.
2. Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit.
3. Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner.
4. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.
5. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises.
6. Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.
7. Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises.
8. Promptly notify the landlord in writing of any situation or occurrence that requires the landlord to provide maintenance or make repairs or otherwise requires the landlord to take action as prescribed in section 33-1324.
5-Day Notice to Quit for Non-Compliance Affecting Health and Safety – Landlords must issue this notice to tenants upon the initial health and safety violation. The tenant will have five (5) days to correct the violation or move out.
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