Arizona renters and rental property owners now have greater clarity on a question that has created confusion for several years: how much notice is required before an eviction case can move forward when rent has not been paid?
The issue arose in Pima County, where a renter facing eviction argued that she should have received 30 days’ notice rather than the five-day notice generally required under Arizona law. The argument centered on a temporary rule adopted during the COVID-19 pandemic.
Although the emergency circumstances that led to the 30-day requirement had ended, Pima County continued to apply the longer notice period, creating a difference in how the law was being applied from one county to another.
The Arizona Court of Appeals recently resolved the issue, ruling unanimously that the 30-day notice requirement was intended to be temporary. As a result, the five-day notice requirement for nonpayment of rent applies statewide, including in Pima County.
Kory Langhofer, an attorney who filed an amicus brief on behalf of the Arizona Multihousing Association, said the decision provides needed consistency and reaffirms the statewide application of Arizona law.
“This is an important decision for rental owners and renters because it provides clarity and consistency across the state,” Langhofer said. “Everyone should be operating under the same rules, regardless of where they live in Arizona.”
The ruling does not change the importance of communication between renters and rental owners when rent becomes past due. Rather, supporters of the decision say the consistent five-day notice period encourages those conversations to happen sooner, giving both parties an opportunity to address a missed payment before the situation becomes more difficult to resolve.
For renters, understanding the notice period can provide greater certainty about what to expect if rent is not paid on time. For rental owners, a consistent statewide standard provides a clearer framework for addressing nonpayment while following Arizona law.
The Arizona Multihousing Association has informed its members that the decision brings greater uniformity to the eviction process statewide and eliminates the uncertainty created by different notice requirements in different counties.
