The Arizona 5-day notice to quit for non-compliance is issued to a tenant who has committed a violation of their lease informing them that they have affected the health and safety of others and that they must remedy the breach or risk losing their tenancy. A tenant has certain obligations (defined below) that they must comply with while in a rental agreement with a landlord. Failure to maintain the premises in a clean and safe condition could result in the termination of their tenancy. However, by law, a landlord must give their tenants five (5) days to fix the issue they have caused before terminating the agreement. If the tenant does not cure the violation within the notice period, the tenancy is terminated and a special detainer action (eviction suit) may be filed against them.
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.
10-Day Notice to Quit for Second Non-Compliance Affecting Health and Safety – Upon the occurrence of a repeat health and safety violation, this notice will be issued to provide the tenant ten (10) days to vacate with no option to cure.