AOCEAGN9F – Notice of Repeat Material or Health and Safety Breach: 10-Day Notice to Move – Arizona

This form, Notice of Repeat Material or Health and Safety Breach: 10-Day Notice to Move (AOCEAGN9F), is used by landlords in Arizona to notify tenants of a repeated material or health and safety breach of the rental agreement, necessitating the tenant’s move-out within 10 calendar days. AOCEAGN9F form serves as a formal notification for tenants regarding the termination of their rental agreement due to repeated breaches, outlining the steps they must take and the legal consequences of non-compliance.

This guide provides step-by-step instructions for landlords or their agents on how to accurately complete this form.

1. Tenant and Landlord Information

• Tenant(s) Name / Address / Phone: Enter the full name(s), current address, and phone number of the tenant(s).
• Landlord(s) or Agent’s Name / Address / Phone: Enter the full name(s), address, and phone number of the landlord(s) or the agent responsible for managing the property.

2. Notice Date

• Notice Date: Write the date on which the notice is being issued.

3. Violation Details

• First Violation Date: Enter the date when the first violation occurred.
• Second Violation Date: Enter the date when the second same or similar violation occurred.
• Description of Violations: Provide a detailed description of the incidents that constitute the repeated violations. Include what happened, when it happened, and where it happened. Attach additional sheets if needed for a thorough explanation.

4. Termination of Rental Agreement

• Explanation: Inform the tenant that due to repeated violations, the rental agreement and their right to reside in the property are being terminated. Clearly state that they must move out and return the keys within 10 calendar days.

5. Consequences of Non-Compliance

• Eviction Action: Explain that if the tenant does not move out and return the keys within the specified time frame, the landlord may file an eviction action. Detail the tenant’s right to appear in court and dispute the eviction.
• Potential Financial Obligations: List the possible financial consequences if a judgment is entered against the tenant, including damages, rent, late fees, attorney fees, and court costs.

6. Response Timeframe

• Hand-Delivery: Specify that if the notice is hand-delivered, the tenant has 10 calendar days to act from the date they or a member of their household received the notice.
• Certified Mail: If the notice is sent by certified mail, state that the tenant has 10 calendar days to act from the date they signed the postal service green card, or 15 calendar days from the date the envelope was postmarked, whichever comes first.

7. Signature

• Date: Enter the date on which the notice is signed.
• Signature: Sign the form. Indicate whether the signer is the landlord or the agent by checking the appropriate box.

8. Service of Notice

• Hand Delivery: If the notice is hand-delivered, enter the name of the person who received the notice and check the appropriate box (tenant or occupant).
• Certified Mail: If the notice is sent by certified mail, provide the mail receipt number in the designated field.

9. Legal References and Resources

• References: Mention the Arizona Revised Statutes (A.R.S. § 33-1368(B)) that govern this notice.
• Resources: Provide information on where tenants can find more details about the Arizona Residential Landlord and Tenant Act, eviction actions, and their rights (e.g., Arizona Department of Housing, Maricopa County Justice Courts, AZLawHelp.org, and AZCourtHelp.org).

Final Review

• Before serving the notice, double-check all fields to ensure accuracy and completeness.
• Keep a copy of the completed notice for your records.

By following these steps, landlords and agents can ensure that the form is correctly filled out, thereby facilitating clear and legally compliant communication with the tenant regarding the termination of their rental agreement.