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Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Have you given them any type of written notice of lease violation?
Are they currently behind on rent?
Ok, then since this is a blatant lease violation that potentially puts other tenants at risk, you can terminate the tenancy with a 10 day notice notifying them that they have to vacate within 10 days due to the violation or you will evict them through the courts.
This is under Arizona Statutes 33-1368.
And email doesn't count legally for a proper legal notice. It has to be an actual paper written notice either personally delivered to them or posted on the front door of the property.
You can give them the notice whenever you want. But I would agree that it would be wise to wait until they pay rent, and then give them the notice because you can be 100% assured that if you give the notice before rent is paid, they won't pay the rent.
But yes, you can give them more than a 10 day if you want, the law just requires at least a 10 day.
Here is a link to a PDF for a 10 day notice you can use as a template: AZ 10 Day
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