Eviction

questions & answers

Question: I was given a 5-day notice hand delivered by the landlord .. today 2/18/2015... Yet on the notice it is dated 2/5/15 and for me to pay rent in full by 2/11/2015.. is this legal to past date the notice even though I was just given the notice @5:16PM on 2/18/2015

Answer: A landlord may not pre or post date a required notice. The landlord/tenant act states, "if rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of the nonpayment of the rent..." (ARS 33-1368 B). The act also states that a notice is effective on a tenant either when it is hand delivered or if delivered by registered or certified mail five days after it was mailed. (ARS 33-1313 B).

QUESTIONS

  • I was given a 5-day notice hand delivered by the landlord .. today 2/18/2015... Yet on the notice it is dated 2/5/15 and for me to pay rent in full by 2/11/2015.. is this legal to past date the notice even though I was just given the notice @5:16PM on 2/18/2015

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