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Arizona 10-Day Notice to Cure a Lease Violation (A.R.S. 33-1368(A))

Under A.R.S. 33-1368(A), when a tenant materially fails to comply with the rental agreement, the landlord may deliver a written notice specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate on a date not less than ten days after receipt if the breach is not remedied in ten days. The same subsection has two more tracks and a repeat-breach rule, compared below.

The tracks side by side

TrackTrigger in the textTime in the textCure
10-dayMaterial noncompliance with the rental agreement, including material falsification on the applicationTermination date not less than ten days after receiptYes, if remedied in ten days; not for falsification listed below
5-dayNoncompliance with section 33-1341 materially affecting health and safetyNot less than five days after receiptYes, if remediable and adequately remedied before the notice date
Second noncomplianceAnother act of the same or similar nature during the lease term after the earlier one was remediedSpecial detainer may be started ten days after delivery of a written noticeNo new cure period is stated
ImmediateBreach on the premises that is both material and irreparableImmediate termination, then A.R.S. 33-1377Not stated

Days are calendar days (33-1368(G)). Receipt follows A.R.S. 33-1313(B): delivered in hand, or registered or certified mail, deemed received on the date actually received or five days after mailing, whichever is first. Neither 33-1368 nor the general definitions (A.R.S. 33-1310) define material; ask an Arizona attorney whether a breach qualifies.

Material falsification: not curable

The section says material falsification includes untrue or misleading information about:

  1. Number of occupants in the dwelling unit, pets, income of the prospective tenant, social security number and current employment listed on the application or lease agreement.
  2. Tenant’s criminal records, prior eviction record and current criminal activity.

It then says “Material falsification of information in this paragraph is not curable under this section.” That sentence follows item 2 and says this paragraph; the text does not say separately whether item 1 is also not curable, nor what notice or date applies to a not-curable falsification. Ask an Arizona attorney before serving anything that gives no cure period.

The 5-day health-and-safety track

The trigger is noncompliance with A.R.S. 33-1341, the tenant’s maintenance duties (cleanliness, waste, plumbing, reasonable use of facilities, no damage, neighbors’ peaceful enjoyment, written notice of repair needs), and the noncompliance must materially affect health and safety. The notice terminates the agreement not less than five days after receipt, but “if the breach is remediable by repair or the payment of damages or otherwise” and the tenant adequately remedies it before the notice date, the agreement does not terminate.

Second noncompliance

If an additional act “of the same or a similar nature” occurs during the lease term after the earlier remedy, the landlord may start a special detainer action “ten days after delivery of a written notice advising the tenant that a second noncompliance of the same or a similar nature has occurred”. The clause says delivery, not receipt, and says these types without stating whether the 10-day track is included. Ask an Arizona attorney.

Immediate termination: material and irreparable breach

The text covers a breach that is both material and irreparable and that occurs on the premises, which “may include” the following, and says the list is not exhaustive:

Those cited statutes are outside our source files; read them. The landlord delivers a written notice for immediate termination and proceeds under 33-1377. Section 33-1377(E) sets the trial no later than the third day after filing; if the court then finds a material and irreparable breach by a preponderance of the evidence, it orders restitution “not less than twelve nor more than twenty-four hours later”.

Our template (10-day)

Our template; the statute lists the contents, not the wording. For the 5-day track change ten to five and name the 33-1341 duty.

NOTICE OF MATERIAL NONCOMPLIANCE AND INTENT TO TERMINATE
Date of notice: ____________
To (all adult tenants): ____________
Rental address: ____________
From (landlord): ____________

1. Rental agreement dated ________, section ________, requires:
   ______________________________.
2. The acts and omissions constituting the breach are:
   ______________________________ (dates, places, what was observed).
3. The rental agreement will terminate on ____________ (a date at
   least ten days after the tenant receives this notice) if the
   breach is not remedied in ten days.
4. Delivered: [ ] in hand on ________  [ ] certified mail sent on ________

Signed: ____________

Worked example, October 2026

Common mistakes

Checked against the text published on azleg.gov on 5 October 2026.

Sources

Related guides

Informational only, not legal advice. Statute text checked against the Arizona Revised Statutes (Title 33, Chapter 10 and Title 12, Chapter 8, Article 4) as published at azleg.gov on October 5, 2026. Statutes change every legislative session and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to an Arizona landlord-tenant attorney.

Want the complete picture? The Arizona Small Landlord Compliance Guide puts the deposit, notice and eviction rules of the Arizona Residential Landlord and Tenant Act in one place, with each rule cited to the statute text.

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