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Arizona residential property owners’ rights and obligations with respect to tenants are governed by the Arizona Residential Landlord and Tenant Act found in Arizona Revised Statues, Title 33, beginning at A.R.S. § 33-1301. The laws governing forcible detainer actions are found beginning at A.R.S. § 12-1171. The landlord tenant act calls an eviction a “special detainer” and says the process is the same as the “forcible detainer” laws found in Title 12 of the Arizona Statutes. The terms “forcible detainer” and “eviction” are often used interchangeably when referring to residential evictions.
The landlord may demand payment of an amount of money in the five day notice letter that includes the past due rent and any penalties or late charges that are authorized in the lease between the landlord and the tenant. If the tenant pays the landlord all of the money demanded in the five day notice on or before the deadline for payment, the landlord must accept the money and continue to honor the lease. Remember, a lease is a contract to allow the tenant to occupy the leased premises as long as the tenant pays the agreed to rent and is not in default under any provisions of the lease.
You must provide the same amount of notice (30 days) as the amount of time between when rent is due. You do not have to give any reason for this, it is simply a termination of the lease. The dog without the pet deposit is a longer time to evict than the nonpayment of rent. You can give 30 days if you think the tenant will leave without issue or you can give 5 days to catch up on rent and then go through the eviction process. This decision will be up to you.
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