Phoenix Arizona 10 day Notice of Material Violation of Lease or Rental Agreement - Residential - 10 days to Cure from Tenant to Landlord

State:
Arizona
City:
Phoenix
Control #:
AZ-1219LT
Format:
Word; 
Rich Text
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Description

This form is used by the residential Tenant to notify Landlord of a breach of the lease due to material non-compliance with the lease provisions. "Residential" includes a house, apartment or condo. The specific material non-compliance is identified and the Landlord is given 10 days to cure the breach. For additional information, see the Law Summary link.


The Phoenix Arizona 10-day Notice of Material Violation of Lease or Rental Agreement is a legal document that tenants use to notify their landlords of any significant breaches in the lease or rental agreement terms. This notice provides a tenant with an opportunity to address and rectify the violation within ten days from the date of the notice. Keywords: Phoenix Arizona, 10-day notice, material violation, lease agreement, rental agreement, residential, cure, tenant, landlord. In cases where a tenant discovers a material violation committed by the landlord, they have the right to serve a 10-day notice, clearly outlining the violation and demanding corrective action. This notice acts as a formal document, presenting the opportunity for the landlord to fix the issue within the stipulated time frame. The notice typically starts by addressing the landlord and explicitly stating that it is a 10-day notice of material violation of the lease or rental agreement. It proceeds by identifying the tenant, their address, and the details of the lease or rental agreement. The notice should provide a comprehensive description of the violation, including specific information such as the date the violation occurred and any supporting evidence. Examples of material violations can include: 1. Failure to maintain essential utilities or services: — If the landlord fails to provide adequate water, heating, electricity, or necessary repairs affecting the habitability of the rental property. 2. Breach of privacy: — Instances where the landlord unlawfully enters the tenant's premises without prior notice or consent, violating their privacy rights. 3. Failure to perform necessary repairs: — When the landlord neglects to address crucial repairs or maintenance issues that impact the safety, health, or livability of the rental unit. 4. Violation of quiet enjoyment: — If the landlord fails to address excessive noise, disturbances, or nuisances caused by other tenants or outside sources. 5. Non-compliance with health and safety codes: — Instances where the landlord neglects to maintain the rental property in compliance with health and safety regulations, potentially endangering the tenant's well-being. 6. Unauthorized rental increases: — If the landlord unilaterally increases the rent outside the terms outlined in the lease or rental agreement. Once the violation is clearly stated, the notice should indicate that the tenant expects the landlord to cure the violation within ten days from the receipt of the notice. It is essential to provide the landlord with clear instructions on how they can rectify the issue and restore the lease or rental agreement to its proper terms. The notice concludes with the tenant's signature, including their contact information and the date the notice was served. It is crucial to keep a copy of the notice to maintain a record of the violation and the tenant's attempt to resolve the issue amicably. Note: This description is applicable for residential properties in Phoenix, Arizona, and may vary depending on local and state laws. It is recommended to consult with a legal professional or refer to specific local regulations when drafting or serving a Notice of Material Violation.

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  • Preview 10 day Notice of Material Violation of Lease or Rental Agreement - Residential - 10 days to Cure from Tenant to Landlord
  • Preview 10 day Notice of Material Violation of Lease or Rental Agreement - Residential - 10 days to Cure from Tenant to Landlord

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FAQ

Eviction Complaint & Summons. On the day after the 5-day Notice for Nonpayment of rent ends, and not a day before, the landlord or their attorney can file an official eviction Complaint with the court that has jurisdiction.

The landlord must give the tenant written notice of his or her intent to immediately terminate the rental agreement. The landlord can file the eviction action the same day the tenant receives the notice of immediate termination.

They don't have to give you any reasons why they want to evict you. They have to give you at least 28 days notice, but this could be longer depending on your agreement. If you don't leave by the time your notice ends, your landlord has to go to court to get a court order to make you leave.

An especially serious violation of a rental agreement ? one that a tenant cannot fix ? is called a ?Material and Irreparable Breach?. If a tenant receives a Notice for Material & Irreparable Breach, it means the landlord plans to ask the court for permission to kick the tenant out of their home right away.

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.

In Arizona, landlords cannot evict tenants or force them to vacate the property without probable cause. As long as the tenant does not violate any rules, they can stay until their rental period ends.

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.

Notice Required to Enter Rental Property in Arizona Except in cases of emergency, landlords who want to enter rental property in Arizona for the above reasons must give tenants at least two days' notice of their intent to enter (unless the tenant agrees to a shorter time), and must enter only at reasonable times.

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.

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.

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More info

Ten-Day Notice to Cure: If the tenant violates the lease or rental agreement, then the landlord can give the tenant a ten-day notice to cure. A 10-Day Notice is used if the tenant is in material noncompliance with a specific provision of the rental agreement, which must be specified in the notice.A Arizona landlord or property manager cannot begin an eviction lawsuit without first legally notifying the tenant of the basis for the eviction. This will give the tenant 5 days to cure the violation. 10-30 Day Notice to Quit: For holdover tenants, the notice to serve them depends on the tenancy type. Tenant's Rights — Arizona loves its landlords. Tenant's Rights — Arizona loves its landlords. Payment of Rent: It is agreed that your rent is due on the 1st day of each month. 10. C. What is a Reasonable Accommodation under the Fair Housing Act? 10. C. What is a Reasonable Accommodation under the Fair Housing Act?

What is Reasonable Accommodation? Arizona Reasonable Accommodation Law and Enforcement Arizona Reasonable Accommodation Law and Enforcement Generally, a landlord must permit a tenant's reasonable modifications of their dwelling unit unless doing so would cause the dwelling unit to become uninhabitable to the tenant or cause substantial physical harm or economic hardship to the landlord. See the “Rental Agreements to Receive Permits” section for specific requirements for modifications, and the “Landlord's Notice to Cure, Tenant's Notice to Cure and Eviction Notice” for specific procedures regarding when these notices must be provided. Arizona Landlord-Tenant Law and Enforcement Guide — (PDF) Notice to Tenant — (Arizona Revised Statutes § 17-502.) For tenants in Arizona who are facing an eviction lawsuit and want to know which notices to issue, click here. What are my Rights as a Tenant under Arizona Landlord-Tenant Laws?

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Phoenix Arizona 10 day Notice of Material Violation of Lease or Rental Agreement - Residential - 10 days to Cure from Tenant to Landlord