Landlord and Tenant Rights and Responsibilities

questions & answers

Question: What is the correct procedure for serving a 5 day notice to a tenant? Does it need to be served via certified mail or can it just be taped or put on the tenant's door? Thanks for answering.

Answer: The Landlord Tenant Act lays out the responsibilities of landlords and their tenants.  Section 13-1313 Subsection B defines what is considered “notice”:

A person "notifies" or "gives" a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person "receives" a notice or notification when it comes to his attention, or in the case of the landlord, it is delivered in hand or mailed by registered or certified mail to the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communication or delivered to any individual who is designated as an agent by section 33-1322 or, in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication or, in the absence of such designation, to his last known place of residence. If notice is mailed by registered or certified mail, the tenant or landlord is deemed to have received such notice on the date the notice is actually received by him or five days after the date the notice is mailed, whichever occurs first.

When giving notice, you must either directly hand it to the tenant or have it delivered by certified mail.  A Maricopa County Superior Court publication notes that you can also enlist the help of a process server if you prefer.

For the whole text of the Landlord Tenant Act visit: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf

For more information on the Superior Court publication about filing for eviction, please visit: http://www.superiorcourt.maricopa.gov/sscdocs/packets/jpfd1-5804.pdf

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