If you rent to voucher households in Arizona, you’ve probably heard this question more than once: “Can I serve a 5-day notice and be done?” The short answer is no—the 5-day notice is the start of the process, not the end. And with Section 8 (Housing Choice Voucher) tenancies, the details matter even more because rent is usually split between the tenant and the housing authority.
In this guest-post style guide, I’ll walk through the real-world “how it works” of the Arizona 5-Day Notice to Pay Rent or Quit—including how to serve it, how the days are counted, what you should document, and what happens after the deadline (including filing yourself or turning the case over to an attorney). I’ll also cover the most common mistakes that derail nonpayment cases in voucher rentals.
If you’re actively working with voucher renters—screening, listing, and learning the system—start here: Section 8.
The Arizona 5-day notice isn’t an eviction. It’s your proof that you gave a chance to fix the problem.
A 5-day notice is a written demand that says, in plain language:
- Rent is unpaid (or tenant-responsible rent is unpaid), and
- The tenant must pay within the notice period or move out, or the landlord may proceed to court.
That’s it. The notice itself does not remove a tenant. Only the court process (and enforcement after judgment) can restore possession. Landlords who try “shortcuts” like lockouts or shutting off utilities can create serious legal trouble and delay everything.
Section 8 changes the rent math—so “the amount owed” is where most people mess up.
In market-rate rentals, the tenant usually pays the full monthly rent to the landlord.
In a Section 8 tenancy, rent is typically split into two streams:
- Tenant portion (paid by tenant)
- Housing assistance payment (HAP) (paid by the housing authority)
This matters because the 5-day notice should focus on what the tenant actually owes. In most voucher situations:
- A landlord’s nonpayment notice is about the tenant portion (and only tenant-responsible charges that are clearly allowed).
- A landlord generally should not demand the HAP portion as if it were tenant debt. If the housing authority is late, that’s a different issue—administrative, not tenant nonpayment.
Pro tip: Before you write anything, verify the tenant portion for the correct month. Voucher amounts can change after recertification, income updates, or household changes. Serving a notice with the wrong amount is a fast way to create a defense.
What a strong Arizona 5-day notice includes (especially for voucher rentals)
You can keep a notice simple, but your case gets stronger when your paperwork is “judge-friendly.” Here’s what experienced landlords include:
- Tenant full legal name(s) and the property address
- Date of the notice
- The amount demanded from the tenant (not the subsidy portion)
- A clean breakdown (recommended):
- tenant portion owed by month
- any prior tenant balance (if applicable)
- late fee only if clearly allowed by the lease and calculated consistently
- Clear payment instructions (where/how to pay and who to contact)
- Clear “pay or vacate” language
- Landlord/agent signature
- A section that documents how you served the notice, including dates and tracking numbers if mailed
Many landlords prefer using a fillable template to avoid missing fields and to keep copies consistent. PDFmigo.com lets you complete forms online, add signatures, and download finished documents for your records.
If you specifically need the Arizona form, you can fill it out and sign it here: Arizona 5-Day Notice to Pay Rent (Notice for Failure to Pay Rent).
Service methods: hand delivery vs certified mail (and why your timeline depends on this)
Landlords usually choose service methods that create proof. Two common methods are:
1) Hand delivery
- Fast—often starts the timeline sooner
- Strong when documented properly
- Best practice: keep a delivery log with date/time and who received it; consider a witness or a process server for high-conflict situations
2) Certified/registered mail
- Strong paper trail (receipt + tracking)
- Can extend the timeline because receipt dates and “deemed receipt” rules can apply
- Best practice: keep the mailing receipt, tracking history, and a copy of the exact notice mailed
Reality check: Certified mail is great for documentation, but it can slow things down. Hand delivery can move faster—but only if you document it like you’ll need to prove it later.
Counting the 5 days: avoid the “off-by-one” mistake
This is the mistake that causes the most delays: filing too early.
A conservative (and practical) approach is:
- Treat the day of receipt/service as Day 0
- Start counting the next day as Day 1
- Count calendar days (weekends and holidays count)
- Don’t file until the full cure period has run
If you mailed it, be careful—your Day 0 may not be the mailing date. That’s why mailed notices often take longer in practice.
Landlord habit that saves headaches: keep a simple “timeline sheet” in the file:
- notice date
- service method
- receipt/deemed receipt date
- Day 1 through Day 5
- earliest filing day
What happens after the deadline: landlord files the eviction, or the landlord turns it over to a lawyer
Once the notice period expires (no full payment, no move-out), the next step is usually court.
In Arizona, the nonpayment eviction case is commonly handled as a special detainer action. And you have two paths:
Option A: The landlord files the eviction themselves
This is common when:
- the notice is clean
- service documentation is strong
- the amount owed is simple and correct
- the landlord’s file is organized
Many landlords file on their own in justice court, especially for straightforward situations.
Option B: The landlord turns the file over to an attorney
This is common when:
- the tenant disputes the amount
- there are service questions
- the tenant claims payment or partial payment
- the case is Section 8 and the landlord wants to avoid program-compliance mistakes
- there are multiple lease violations or complicated facts
Voucher-specific note: Section 8 tenancies often require extra coordination (for example, providing copies of notices or filings to the housing authority depending on local program expectations). This is one reason owners often choose counsel—to reduce technical errors and delays.
The paperwork landlords should prepare before filing (or before hiring a lawyer)
If you want speed, preparation matters. Here’s what a “court-ready” file usually includes:
- Signed lease + any addendums
- Tenant ledger showing:
- tenant portion billed
- tenant payments received
- late fees (if allowed)
- HAP payments tracked separately (not treated as tenant debt)
- Copy of the 5-day notice served
- Proof of service (hand-delivery log or certified mail receipt + tracking)
- Payment receipts and communication log
- Documentation showing the tenant’s correct portion for the months owed (to prevent “wrong amount” defenses)
Payment and “cure” realities: the moment that changes the whole case
Nonpayment cases often come down to one question:
Did the tenant fully cure within the cure window?
If the tenant pays the full amount legally owed during the notice period, the nonpayment issue is usually cured. The difficult part is how landlords handle payments:
- Full payment within the notice window usually stops the nonpayment path.
- Partial payments can create confusion unless the terms are documented clearly.
- Receipts and ledger updates matter because that’s what court will look at, not memory.
What Section 8 tenants should do if they receive a 5-day notice
If you’re a voucher tenant and you get served:
- Check the amount: is it only your tenant portion?
- Gather proof: receipts, bank statements, money order stubs
- Act quickly: the timeline is short
- Contact your housing authority if:
- your portion changed recently
- the notice amount looks wrong
- you need help preventing termination
- Keep everything in writing if you negotiate or dispute the amount
Voucher status doesn’t automatically stop eviction—but fast action and documentation can prevent things from spiraling.
The most common mistakes that make Section 8 nonpayment cases messy
Landlord mistakes
- Demanding the full contract rent instead of the tenant portion
- Including subsidy delays as “tenant nonpayment”
- Using the wrong portion after recertification
- Weak service proof or unclear dates
- Accepting partial payment without a written plan
Tenant mistakes
- Ignoring the notice because “I’m on Section 8”
- Not documenting payments
- Waiting until the last day to seek help
- Relying only on verbal promises
Final thoughts
Arizona’s 5-day notice can be simple, but voucher tenancies are not forgiving of sloppy paperwork. If you want outcomes that are fast and predictable, focus on three things:
- Correct amount (tenant portion, clearly itemized)
- Correct service (hand delivery or certified/registered mail with proof)
- Correct timeline (calendar-day counting and filing only after the period ends)
Do those well, and whether you file yourself or turn it over to a lawyer, you’re starting from a strong position.