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Questions regarding my Lease.

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Weert00

Junior Member
Hello. I am posting from Arizona, I have a question regarding my lease and I am fairly well versed with my AZ landlord \ tenant statutes. My question is basically as follows, I had a 1 year lease in which my landlord requested we give 60 days notice prior to the end of the lease agreement (let him know prior to month 11 rather than month 12 if we intended to leave). We ended up staying and left, giving thirty days notice at the advice of the Landlord \ tenant counselors at city hall.

In my lease there is a 60 day notice term in the additional terms section but there is also a clause in the lease which reads:

" If tenant remains in possession of the premises with the consent of the landlord after the natural expiration of the agreement, a new tenancy, from month-to-month will be created between landlord and tenant which shall be subject to all the terms and conditions hereof EXCEPT that such tenancy shall be terminable upon 30 days written notice by either party"

If I read this correctly I should be good in giving 30 days notice to the landlord?

It is also worth nothing that after our lease ended the landlord asked us to start paying bi-monthly because he was trying to hide rental income from his child support, this was not officially in writing or in an addendum to our original lease, was also somewhat curious if this constitutes a new agreement that would not be subject to the terms of the expired lease. We have some documentation and messages from him indicating this and specifically how much he is declaring to child support etc.

I would appreciate it if anyone has any suggestions for me.

Thanks
 


Who's Liable?

Senior Member
Hello. I am posting from Arizona, I have a question regarding my lease and I am fairly well versed with my AZ landlord \ tenant statutes. My question is basically as follows, I had a 1 year lease in which my landlord requested we give 60 days notice prior to the end of the lease agreement (let him know prior to month 11 rather than month 12 if we intended to leave). We ended up staying and left, giving thirty days notice at the advice of the Landlord \ tenant counselors at city hall.

In my lease there is a 60 day notice term in the additional terms section but there is also a clause in the lease which reads:

" If tenant remains in possession of the premises with the consent of the landlord after the natural expiration of the agreement, a new tenancy, from month-to-month will be created between landlord and tenant which shall be subject to all the terms and conditions hereof EXCEPT that such tenancy shall be terminable upon 30 days written notice by either party"

If I read this correctly I should be good in giving 30 days notice to the landlord?
Yes, If you had stayed after the natural termination of the existing lease, and the LL had no objection, than according to the clause, you would only need to provide 30-days notice. ALL other covenants of the lease would remain in affect, this is important for your next question.

It is also worth nothing that after our lease ended the landlord asked us to start paying bi-monthly because he was trying to hide rental income from his child support, this was not officially in writing or in an addendum to our original lease, was also somewhat curious if this constitutes a new agreement that would not be subject to the terms of the expired lease. We have some documentation and messages from him indicating this and specifically how much he is declaring to child support etc.

I would appreciate it if anyone has any suggestions for me.

Thanks
Unless the new payment requirements were PROPERLY requested, as in WRITING prior to the next month starting, than NO, you are NOT required to pay on the new pay schedule. Phone calls, emails, and texts are not considered being properly notified.
 

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