Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Landlord has given me a 5 day notice to vacate. I want this to be resolved in court as soon as possible. My questions is can the landlord wait more then the 5 days to file with the court? Could he wait to file 2 weeks? Is there a point where the notice is not a valid 5 day notice?

Answer: I always recommend consulting the Arizona Residential Landlord and Tenant Act found here: https://housing.az.gov/sites/default/files/documents/files/AZ%20Residential%20Landlord%20and%20Tenant%20Act%20-%20Revised%20July%203%202015.pdf Pursuant to A.R.S. 33-1368(B), a landlord may give 5-day notice for failure to pay rent. Most other allegations of breach require 10-day notice under A.R.S. 33-1368(A). Under B, if rent and late fees are paid prior to the landlord filing suit, the lease is reinstated. After a lawsuit is filed, rent plus late fees, attorneys' fees, and costs must be paid to reinstate the lease. If the default is not cured, the landlord may file a lawsuit at any time. There is no specific deadline. They just may not file suit prior to the expiration of the 5-day notice. Please note that I am providing general information based on the very limited information available to me. I am unable to provide you with legal advice, and no attorney-client relationship is created hereby. I wish you the best in this and all your endeavors.

QUESTIONS

  • Landlord has given me a 5 day notice to vacate. I want this to be resolved in court as soon as possible. My questions is can the landlord wait more then the 5 days to file with the court? Could he wait to file 2 weeks? Is there a point where the notice is not a valid 5 day notice?

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