This applies to both commercial and residential.
You may serve the Five-Day Notice to Pay or Quit on the first day after rent is due and remains unpaid. For example, if rent is due on the first day of the month, you may serve the Five-Day Notice on the second day of the month, even though your rental agreement provides that rent is not delinquent until the fifth day of the month.
You may serve the notice for any other type of noncompliance on the day of the noncompliance. For example, if you discover unauthorized occupants, unauthorized pets, excessive noise, etc., all of which constitute a material noncompliance, then you may serve the 10-Day Notice of Material Noncompliance on that same day. The same applies to a 5-Day Notice Materially Affecting Health and Safety, a Notice of Immediate Termination (for Material and Irreparable Breach) or any of the other types of notices. Commercial non-monetary notices may also be served on the day of the breach/noncompliance.
If I gave permission for someone to reside on my property without a rental agreement or paying rent and now I want them to move out, how can I legally get them to vacate the property and how soon do they have to move out. Is there a 3 or 5 day notice to quit? Or is that only for tenants paying rent? We reside in Arizona.
Answer by Carlton Casler: Although there is no "formal" rental agreement and they are not paying rent, that person is a "tenant at will." which means they are there with your permission and that you may remove your permission anytime you wish. Serve a 5-Day Demand for Possesion, NOT a 5-Day Notice to Pay or Quit (because there is no stated rent and you want that person gone, not simply to pay and stay). If they do not vacate within the five days, then file an eviction action in the local justice court.
Posted by: C Harper | April 17, 2008 at 11:49 AM