AOCEAGN3F – Notice of Material Breach 10-Day Notice to Comply (Fix or Correct Problem) – Arizona
The “AOCEAGN3F – Notice of Material Breach 10-Day Notice to Comply (Fix or Correct Problem) Form – Arizona” is a legal document used by landlords in Arizona to notify tenants of violations of their rental agreement. This form provides details about the specific breach, including what happened, where, and when. The tenant is given three options to avoid eviction:
- Fix the violation within 10 calendar days of receiving the notice.
- Move out and return the keys to the landlord within 10 calendar days.
- Contact the landlord to settle the matter, ideally in writing, signed by both parties.
The notice specifies different timelines for compliance depending on whether it was hand-delivered or sent by certified mail. Failure to address the violation(s) may result in the landlord filing an eviction action. If the tenant disputes the eviction, they have the right to a court hearing where a judge will decide the outcome. The notice also warns that repeat violations may lead to immediate eviction notices.
This guide will help you correctly fill out this form as follows:
- Tenant and Landlord Information
- Tenant(s) Name / Address / Phone: Fill in the full name(s), complete address, and phone number of the tenant(s).
- Landlord(s) or Agent Name / Address / Phone: Fill in the full name, complete address, and phone number of the landlord or the landlord’s agent.
- Notice Date
- Notice Date: Enter the date when this notice is being issued.
- Description of Violation
- Description of Violation: Clearly describe the violation(s) that have occurred, including what happened, where it happened, and when it occurred. Be as specific as possible. If needed, attach additional sheets.
- Tenant’s Options
- Fix the Violation(s): The tenant must correct the issues within 10 calendar days from the date of receiving the notice.
- Move Out: The tenant may choose to move out and return the keys within 10 calendar days from the date of receiving the notice.
- Settle the Matter: The tenant can contact the landlord to negotiate a settlement. It is recommended to get any agreement in writing, signed by both parties.
- Delivery Method
Indicate how the notice is served:
- Hand Delivery: Check this box if the notice is hand-delivered. Include the name of the person who received it and indicate if they are the tenant or an occupant.
- Certified Mail: Check this box if the notice is sent by certified mail. Include the mail receipt number.
- Signature and Date
- Date: Enter the date when the landlord or agent signs the notice.
- Signature: The landlord or agent must sign the notice. Check the appropriate box to indicate whether the signer is the landlord or the agent.
- Legal Information
This section provides a summary of the tenant’s rights and obligations under A.R.S. § 33-1368(B) of the Arizona Residential Landlord and Tenant Act. It also includes references to additional resources for more information.
Additional Notes
- If Hand-Delivered: The tenant has 10 calendar days from the date they or a household member receives the notice to comply.
- If Sent by Certified Mail: The tenant has 10 calendar days from the date they sign the postal service green card, or 15 calendar days from the date the envelope is post-marked, whichever comes first.
Warnings
- Any similar or additional violations during the remainder of the rental agreement may result in another notice requiring the tenant to move within 10 calendar days.
- If the tenant does not comply with the notice, the landlord may file an eviction action.
By following these steps, you can accurately complete the Notice of Material Breach form.