Late Rent Notice Requirements in Arizona 2025
Grace period, late fee cap, and pay-or-quit notice rules
Before you can evict an Arizona tenant for unpaid rent, you must serve a written five-day notice of nonpayment under A.R.S. § 33-1368(B). The notice tells the tenant that rent is past due and that you intend to terminate the tenancy if it is not paid within five days. Only after that period expires can you file a special detainer action in Justice Court. There is no general federal late-rent notice for private tenancies, so Arizona's statute governs; the federal CARES Act 30-day notice applies only to federally subsidized or federally-backed properties. Get the count, the content, and the service method right, because a defective notice is the most common reason Arizona eviction cases get dismissed.
The 5-day notice period and how it's counted
Arizona gives a residential tenant five calendar days to pay after written notice of nonpayment. The clock starts the day after the notice is served, and weekends and holidays count. You may not file your eviction case until after the final (fifth) day has passed with the rent still unpaid.
Timing shifts with the delivery method. When the notice is sent by certified mail and the tenant does not sign for it, Arizona treats the notice as received five days after mailing, so the practical wait before filing stretches to roughly eleven days. If the tenant signs for the certified letter sooner, the five-day cure window begins the following day.
What the notice must say
A valid five-day notice under A.R.S. § 33-1368(B) must clearly state three things: that rent is unpaid when due, the amount of past-due rent owed, and that you intend to terminate the rental agreement if the tenant does not pay within five days. Vague demands or a notice that omits the intent-to-terminate language can be fatal to the case.
Identify the rental unit and tenant, date the notice, and demand only rent and any late fee that is actually written into a signed rental agreement. Do not fold in charges the lease does not authorize, because padding the balance gives the tenant a defense and can void the notice.
How to serve the notice
Service rules come from A.R.S. § 33-1313. You may deliver the notice by hand delivery to the tenant, or by registered or certified mail to the address the tenant holds out for receiving communications or, absent that, the tenant's last known residence. Arizona's statute defines proper notice as taking steps reasonably calculated to inform the tenant, whether or not the tenant actually reads it.
Certified mail creates a paper trail but adds the mailing delay described above. Hand delivery is faster and easier to prove. Keep a dated copy of the notice and your proof of service; you will need to show the court exactly how and when the tenant was notified.
The tenant's right to cure, and reasonable late fees
Arizona builds a cure right into the statute, and it hardens once you file. Before you file a special detainer action, the rental agreement shall be reinstated if the tenant tenders all past-due, unpaid periodic rent plus a reasonable late fee set forth in a written rental agreement. You cannot refuse a full and timely tender in that window.
After you file, the terms tighten: the tenancy is reinstated only if the tenant pays all past-due rent, reasonable written-lease late fees, attorney fees, and court costs. Note the late-fee condition throughout, because a late fee is collectible only when it is spelled out in a signed written rental agreement. An oral understanding will not support one.
Mobile home parks use a different notice
If you rent a lot in a manufactured or mobile home community, the standard Residential Landlord and Tenant Act does not apply. Nonpayment there falls under A.R.S. § 33-1476, which requires a seven-day written notice of nonpayment and intent to terminate rather than five days.
The cure right also differs: a mobile-home tenant may reinstate before judgment by tendering the past-due unpaid periodic rent plus the landlord's reasonable attorney fees and court costs. Confirm which act governs your property before you draft the notice, because using the wrong day count invalidates it.
The Pay-or-Quit Notice Process in Arizona
Once rent is late and no grace period applies, the landlord must serve a formal 5-day pay-or-quit notice (A.R.S. § 33-1368) before filing for eviction. This notice must state the total amount owed and give the tenant the option to either pay in full or vacate. If the tenant does neither, the landlord may file an unlawful detainer action in Arizona court.
- Rent due date: As stated in the lease
- Pay-or-quit notice may be served: Day 1 or later
- Notice period expires: Day 5 after the due date
- Eviction filing permitted: Day 6 or later
Fill-In Notice Template, Arizona
This page summarizes the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33, Chapter 10) and the Mobile Home Parks Act (Chapter 11) as published by the Arizona Department of Housing, current as of 2026. It reflects the notice, service, and cure provisions of A.R.S. §§ 33-1368, 33-1313, 33-1377, and 33-1476. It is general information for landlords, not legal advice; statutes are amended and courts interpret them, so verify the current text and consult an Arizona attorney before serving a notice or filing a special detainer action.
Frequently Asked Questions
How many days is Arizona's late rent notice?
Five calendar days for standard residential tenancies under A.R.S. § 33-1368(B). The count starts the day after the notice is served, and weekends and holidays are included. Manufactured and mobile home lot tenancies use a seven-day notice under A.R.S. § 33-1476 instead.
What must the Arizona 5-day notice include?
It must state that rent is unpaid when due, the amount of past-due rent, and that you intend to terminate the rental agreement if the tenant does not pay within five days. Missing the intent-to-terminate language is a common reason notices are rejected.
How do I legally serve the notice in Arizona?
Under A.R.S. § 33-1313 you may hand-deliver the notice to the tenant or send it by registered or certified mail to the address the tenant holds out for receipt, or the last known residence. Hand delivery is faster to prove; certified mail adds a mailing delay if the tenant does not sign.
Can the tenant stop the eviction by paying?
Yes. Before you file a special detainer action, the tenancy must be reinstated if the tenant pays all past-due rent plus a reasonable late fee set out in a written lease. After you file, reinstatement requires all past-due rent, written-lease late fees, attorney fees, and court costs.
Can I charge a late fee on the notice?
Only if the late fee is set forth in a written rental agreement. Arizona ties both the pre-filing and post-filing cure amounts to a reasonable late fee that appears in the signed lease. Do not add fees the lease does not authorize, or you risk invalidating the notice.
When can I file the eviction after serving the notice?
After the fifth day of the notice period has passed with rent still unpaid, you may file a special detainer action under A.R.S. § 33-1377 in Justice Court. If you served by certified mail and the tenant did not sign, the practical wait is longer because the notice is deemed received five days after mailing.
Is there a federal late rent notice that applies in Arizona?
There is no general federal pre-eviction late-rent notice for private tenancies. The CARES Act 30-day notice-to-vacate applies only to covered federally assisted or federally-backed-mortgage properties. For most Arizona rentals, the five-day state notice controls.
Related Guides for Arizona Landlords
Data sourced from Arizona published statutes (A.R.S. § 33-1368), U.S. Census Bureau American Community Survey 2023 5-Year Estimates. Last updated August 28, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.