The landlord must give the tenant a written notice stating what the problem is and that the rental agreement will terminate after 5 days if the problem is not fixed in 5 days. (ARS § 33-1368(A).) In an action for material breach of the rental agreement materially affecting health and safety, the landlord cannot file the eviction with the court until after the 5 days specified in the notice is up (at least 6 days after the tenant receives the notice).
If the tenant did not receive a termination notice and an opportunity to fix the problems, or the notice does not comply with the law or was not properly served, the court must dismiss the eviction action. (RPEA 13(a)(2).)
If the tenant fixed the problems identified in a 5-day notice, and there is a second 5-day notice claiming problems of the same or similar nature in the same rental agreement period, the landlord may give the tenant a second notice and then file an eviction action if the tenant remains in the rental unit after the 10th day. Even if the tenant fixes the problems specified in the second notice, the landlord can still file the eviction action.
A.R.S. means Arizona Revised Statutes and RPEA means Rules of Procedure for Eviction Actions.
INFO SHEET: CLAIMS AGAINST YOUR LANDLORD
Default judgment may be entered against the tenant if the tenant is not present in the court when the case is called by the judge. (RPEA 13.) Stipulated judgment – the tenant is agreeing that the allegations in the complaint are true and judgment will be entered against the tenant. The tenant will not have an opportunity to offer a defense and cannot appeal from this type of judgment. The judge may award the landlord possession of the property plus rent, late fees (if there is a written rental agreement), attorney fees, court costs, and other damages if there is a legal and factual basis to award these damages. See Legal Info Sheet: Eviction Actions: After an Eviction Judgment for important information if the judge rules against you.
INFO SHEET: AFTER AN EVICTION JUDGMENT
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