Ariz. Rev. Stat. § 33-1368

Noncompliance with rental agreement by tenant; failure to pay rent; utility discontinuation; liability for guests; definition

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/8/2026ArizonaEviction & Just Cause

Operative Text

Ariz. Rev. Stat. § 33-1368
A. Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, including material falsification of the information provided on the rental application, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. For the purposes of this section, material falsification includes the following untrue or misleading information about the:

1. Number of occupants in the dwelling unit, pets, income of the prospective tenant, social security number and current employment listed on the application or lease agreement.

2. Tenant's criminal records, prior eviction record and current criminal activity. Material falsification of information in this paragraph is not curable under this section.

If there is a noncompliance by the tenant with section 33-1341 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than five days after receipt of the notice if the breach is not remedied in five days. However, if the breach is remediable by repair or the payment of damages or otherwise, and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement will not terminate. If there is an additional act of these types of noncompliance of the same or a similar nature during the term of the lease after the previous remedy of noncompliance, the landlord may institute a special detainer action pursuant to section 33-1377 ten days after delivery of a written notice advising the tenant that a second noncompliance of the same or a similar nature has occurred. If there is a breach that is both material and irreparable and that occurs on the premises, which may include an illegal discharge of a weapon, homicide as prescribed in sections 13-1102, 13-1103, 13-1104 and 13-1105, prostitution as defined in section 13-3211, criminal street gang activity as prescribed in section 13-105, activity as prohibited in section 13-2308, the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance as defined in section 13-3451, threatening or intimidating as prohibited in section 13-1202, assault as prohibited in section 13-1203, acts that have been found to constitute a nuisance pursuant to section 12-991 or a breach of the lease agreement that otherwise jeopardizes the health, safety and welfare of the landlord, the landlord's agent or another tenant or involving imminent or actual serious property damage, the landlord may deliver a written notice for immediate termination of the rental agreement and shall proceed under section 33-1377. The foregoing list of actions which may constitute a material and irreparable breach of a tenant's lease is not exhaustive.

B. A tenant may not withhold rent for any reason not authorized by this chapter. If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement by filing a special detainer action pursuant to section 33-1377. Before the filing of a special detainer action the rental agreement shall be reinstated if the tenant tenders all past due and unpaid periodic rent and a reasonable late fee set forth in a written rental agreement. After a special detainer action is filed the rental agreement is reinstated only if the tenant pays all past due rent, reasonable late fees set forth in a written rental agreement, attorney fees and court costs. After a judgment has been entered in a special detainer action in favor of the landlord, any reinstatement of the rental agreement is solely in the discretion of the landlord.

C. The landlord may recover all reasonable damages resulting from noncompliance by the tenant with the rental agreement or section 33-1341 or occupancy of the dwelling unit, court costs, reasonable attorney fees and all quantifiable damage caused by the tenant to the premises.

D. The landlord may discontinue utility services provided by the landlord on the day following the day that a writ of restitution or execution is executed pursuant to section 12-1181. Disconnections shall be performed only by a person authorized by the utility whose service is being discontinued. This section does not supersede standard tariff and operational procedures that apply to any public service corporation, municipal corporation or special districts providing utility services in this state.

E. On the day following the day that a writ of restitution or execution is executed pursuant to section 12-1181, the landlord shall comply with section 33-1370, subsections D, E, F, G, H and I regarding the tenant's personal property.

F. For the purposes of this chapter, the tenant shall be held responsible for the actions of the tenant's guests that violate the lease agreement or rules or regulations of the landlord if the tenant could reasonably be expected to be aware that such actions might occur and did not attempt to prevent those actions to the best of the tenant's ability.

G. For the purposes of this section, "days" means calendar days.
Source: Legislative text reproduced verbatim
Plain English

A.R.S. § 33-1368 establishes the conditions under which a landlord may act when a tenant fails to comply with a rental agreement, fails to pay rent, or engages in serious misconduct on the premises. Depending on the type of violation, the law sets different notice periods—ranging from immediate termination for irreparable breaches like certain criminal acts, to five or ten days for other violations—before a landlord may pursue eviction through a special detainer action. Tenants are also held responsible for the actions of guests when they reasonably could have anticipated and prevented those actions, and material falsification of rental application information, particularly regarding criminal history, is treated as an incurable breach.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Under A.R.S. § 33-1368, compliant operators generally provide written notice that specifies the exact acts or omissions constituting a breach, with the correct notice period—ten days for material lease violations, five days for health-and-safety issues, or immediate for irreparable breaches. Landlords typically document all notices, track whether a tenant has previously remedied a similar violation, and follow the special detainer process under § 33-1377 when termination becomes necessary. Utility disconnection is only permitted the day after a writ of restitution is executed and must be performed by an authorized utility representative.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

A.R.S. § 33-1368 gives tenants an opportunity to remedy many types of lease violations within the notice period before a landlord may proceed with eviction, and rent arrears can reinstate the rental agreement if paid before a special detainer action is filed. Tenants who believe a notice is improper or that a breach was adequately cured may raise those facts as a defense in court proceedings. Consulting a tenant-rights organization or legal aid provider familiar with Arizona landlord-tenant law can help tenants understand which options may be available in their circumstances.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 8, 2026
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References Out

Rules and statutes cited by this regulation

A.R.S. § 33-1341
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A.R.S. § 33-1377
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A.R.S. § 13-1102
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A.R.S. § 13-3211
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A.R.S. § 13-105
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A.R.S. § 13-2308
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A.R.S. § 13-3451
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A.R.S. § 13-1202
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A.R.S. § 13-1203
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A.R.S. § 12-991
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A.R.S. § 12-1181
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A.R.S. § 33-1370
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

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