Landlady wants to move back into house

[Prisoncop]

What is the name of your state (only U.S. law)? Arizona

My rental contract expired last July (2011). Landlady and I both never got around to renewing the contract because I was overseas and/or other things came up.
Last night the landlady called and said she wants to move back into the house and I have to be out by 04/22/12. So far it's a verbal only and nothing in writing. The due date on my rent is the 15th of the month. I feel I need a little bit more time to find another home for my son and myself so here are some questions that I have:
1.) Is a verbal notice sufficient or does she have to give it to me in writing ?
2.) If in writing (which I think would be the legal way) does it have to be registered mail or is regular mail good enough ?
3.) Is a 30 day notice from rental due date to rental due date ?
I read something last night when I researched a little bit and it appears that for instance if I receive a written notice let's say on the 22nd of March and my rent was due on the 15th of March (paid early as usual) the notice would not be valid until that FOLLOWING 15th (15th April) of the month and from THAT date you count the 30 day notice. In this case it would be from 15th April - 15th of May meaning I would have to have moved by the 15th of May. Did I understand this correctly ? What if I don't get a written notice AT ALL and my landlady (not an experienced landlady has never rented anything out before) thinks a phone call to me was enough ? At this point I am panicking and YES I am grasping for straws. I am really hoping that the landlady is not going to send me anything in writing until way past my rental due date (15th March).

I would be so very grateful for any advise that can lift me up a little bit. While I wait for an answer I am going to start packing up things and I have already contacted a real estate agent, who knows, maybe a miracle will happen

THANK YOU SO VERY MUCH IN ADVANCE. I hope I didn't confuse with my all over the place post.

PS. I understand that when a rental / lease contract is not renewed the lease automatically becomes a month to month but the 30 day notice still applies. Correct or not ?

 

[sandyclaus]

First of all, if your lease was not renewed, it will continue as a month-to-month tenancy, renewing every month upon payment and acceptance of another month's rent. All other terms under the lease remain in effect.

Does the lease you signed require a longer notice period to terminate the lease than the statutory 30-day notice? If so, and both parties signed the original lease, they agreed to the longer notice requirement. if not, then the statutory 30-day notice applies.

Regarding the notice itself, here is the statute that indicates what is required:

Arizona Revised Statute Annotated 33-1375.
Periodic tenancy; hold-over remedies

A. The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten days prior to the termination date specified in the notice.
B. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.
C. If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord, in addition, may recover an amount equal to not more than two months' periodic rent or twice the actual damages sustained by the landlord, whichever is greater. If the landlord consents in writing to the tenant's continued occupancy, section 33-1314, subsection D applies.

So to answer your questions regarding the notice itself - YES, it must be in writing (verbal notice is NOT sufficient), and it must be given 30 days prior to 4/15/22 (since your rental period goes from the 15th of the month through to the 14th of the following month) if she wants you out in time for the 4/22 vacate date she anticipates.

 

[Who's Liable?]

What is the name of your state (only U.S. law)? Arizona

My rental contract expired last July (2011). Landlady and I both never got around to renewing the contract because I was overseas and/or other things came up.
Last night the landlady called and said she wants to move back into the house and I have to be out by 04/22/12. So far it's a verbal only and nothing in writing. The due date on my rent is the 15th of the month. I feel I need a little bit more time to find another home for my son and myself so here are some questions that I have:
1.) Is a verbal notice sufficient or does she have to give it to me in writing ?
2.) If in writing (which I think would be the legal way) does it have to be registered mail or is regular mail good enough ?
3.) Is a 30 day notice from rental due date to rental due date ?
I read something last night when I researched a little bit and it appears that for instance if I receive a written notice let's say on the 22nd of March and my rent was due on the 15th of March (paid early as usual) the notice would not be valid until that FOLLOWING 15th (15th April) of the month and from THAT date you count the 30 day notice. In this case it would be from 15th April - 15th of May meaning I would have to have moved by the 15th of May. Did I understand this correctly ? What if I don't get a written notice AT ALL and my landlady (not an experienced landlady has never rented anything out before) thinks a phone call to me was enough ? At this point I am panicking and YES I am grasping for straws. I am really hoping that the landlady is not going to send me anything in writing until way past my rental due date (15th March).

I would be so very grateful for any advise that can lift me up a little bit. While I wait for an answer I am going to start packing up things and I have already contacted a real estate agent, who knows, maybe a miracle will happen

THANK YOU SO VERY MUCH IN ADVANCE. I hope I didn't confuse with my all over the place post.

PS. I understand that when a rental / lease contract is not renewed the lease automatically becomes a month to month but the 30 day notice still applies. Correct or not ?

You are correct. Notice MUST be in WRITING and it must be delivered ON OR BEFORE the next rental period. So far your LL has done neither.

Inform the LL you will not be moving as they have not provided proper notification as required by AZ LL/T laws.

 

[Prisoncop]

First of all, if your lease was not renewed, it will continue as a month-to-month tenancy, renewing every month upon payment and acceptance of another month's rent. All other terms under the lease remain in effect.

Does the lease you signed require a longer notice period to terminate the lease than the statutory 30-day notice? If so, and both parties signed the original lease, they agreed to the longer notice requirement. if not, then the statutory 30-day notice applies.

Regarding the notice itself, here is the statute that indicates what is required:



So to answer your questions regarding the notice itself - YES, it must be in writing (verbal notice is NOT sufficient), and it must be given 30 days prior to 4/15/22 (since your rental period goes from the 15th of the month through to the 14th of the following month) if she wants you out in time for the 4/22 vacate date she anticipates.

THANK YOU very much for your response. Just to clarify again, so that I have no remaining doubts, IF I do not receive anything in writing from the landlady by the day after tomorrow (15th March) my rental contineous (sp). If she gives me a written notice between 15th March and 15th April then the 30 days start when ? the 15th of April correct ? Meaning I would have to be out by the 15th of May.

 

[Prisoncop]

First of all, if your lease was not renewed, it will continue as a month-to-month tenancy, renewing every month upon payment and acceptance of another month's rent. All other terms under the lease remain in effect.

Does the lease you signed require a longer notice period to terminate the lease than the statutory 30-day notice? If so, and both parties signed the original lease, they agreed to the longer notice requirement. if not, then the statutory 30-day notice applies.

Regarding the notice itself, here is the statute that indicates what is required:



So to answer your questions regarding the notice itself - YES, it must be in writing (verbal notice is NOT sufficient), and it must be given 30 days prior to 4/15/22 (since your rental period goes from the 15th of the month through to the 14th of the following month) if she wants you out in time for the 4/22 vacate date she anticipates.

Thank You sandyclaus
I just pulled out the lease and it is a 30 day notice not a 60 day.
Does the notice have to be certifiied or is regular mail enough ? Still grasping for straws here.

 

[Who's Liable?]

Thank You sandyclaus
I just pulled out the lease and it is a 30 day notice not a 60 day.
Does the notice have to be certifiied or is regular mail enough ? Still grasping for straws here.

Regular mail is fine. However certified is the preferred mrthod as AZ law deems a certified letter is "delivered" and the recipient is aware of its contents regardless of an acceptance signature 5 days after it is sent.