Tucson Arizona 5 Day Notice of Default - Breach Involving Danger to Health or Safety for Residential from Landlord to Tenant

State:
Arizona
City:
Tucson
Control #:
AZ-1203LT
Format:
Word; 
Rich Text
Instant download

Description

This for is used by Landlord to give a residential Tenant Notice of Tenant's breach of the lease agreement, for a breach other than non-payment of rent. "Residential" includes a house, apartment or condo. The form identifies the specific breach and directs the Tenant to remedy the breach within 5 days. The Tenant is informed that his failure to remedy the breach before the deadline may result in Landlord terminating the lease.

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How to fill out Arizona 5 Day Notice Of Default - Breach Involving Danger To Health Or Safety For Residential From Landlord To Tenant?

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FAQ

Unsafe conditions may include lack of heat and air conditioning (A.R.S. §33-1364), infestation of pests, or non-working appliances (A.R.S. §33-1324), among others.

Give written notice (Form A: ?Notice of Failure to Provide Adequate Air Conditioning and Notice of Tenant's Remedy?) that the landlord has 5 calendar days to make the repair. If the landlord does not timely make the repair, the tenant can then decide whether to terminate the lease and leave.

Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. In Arizona, the landlord cannot terminate a lease, refuse to renew a lease, or raise the rent on a tenant who has: Exercised a legal right.

Landlords may be sued for emotional distress in certain situations. In Arizona, for example, courts have awarded emotional distress damages to tenants for their annoyance and discomfort caused by inhabitable living conditions such as inadequate heat and water and dangerous pests.

If the structure is unstable or there is a severe problem with damp in the property, it may be deemed uninhabitable. If the layout is unsafe, if there isn't enough natural light, or if there is not enough ventilation, the problem may be uninhabitable.

According to Arizona law, landlords are permitted to charge the tenants for two months of rent as a penalty for breaking the lease. This is good news for you, because you should be able to find a new tenant to rent the property within those two months.

If the tenant doesn't pay rent or move out within five days of receiving the notice, then the landlord can file an eviction lawsuit against the tenant (Ariz. Rev. Stat. § 33-1368(B)).

If the tenant fails to pay by the end of the 5-day period, a forcible detainer action can be filed with the court on the 6th day. PERSONAL DELIVERY. The hand-delivered notice becomes effective when received by the tenant. The forcible detainer complaint can be filed with the court on the 6th day.

Make all repairs to keep the property fit and habitable. Keep the common areas clean and safe. Maintain all services and appliances in good and safe working order. Provide and maintain trash receptacles.

Withhold Rent for Repairs Under Arizona statute, a tenant has the right to withhold rent or make deductions from their monthly rent if certain repair requests are not met by the landlord or completed in a timely manner.

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Tucson Arizona 5 Day Notice of Default - Breach Involving Danger to Health or Safety for Residential from Landlord to Tenant