30day notice

[ccsands]

What is the name of your state?Arizona

In Arizona a month to month tenancy hold over statute requires the 30 day notice be given 30 days prior to the periodic rental date specified in the notice. I was given a 30-day notice mid month with no specified rent due date. Also, I was served a forcible detainer without a five-day notice. Am I correct in my defense saying "improper 30 day notice and no 5-day notice"? Wouldn't this be a reason for the landlord to have to re-file? and correct these insufficiencies in her legal action? Also, I requested she use my last month's deposit as my last month's rent, which she has ignored and filed for said monies in her forcible retainer complaint. Am I not within the laws for her to use these monies for this month's rent? I am preparing a response to her forcible detainter and am requesting 1-2 months rent as a rememdy (this is the second time she has filed a forcible detainer, the first was dismissed by the judge as failure to give 30-day notice). She is trying to sell the house I am renting and stands to make a substantial profit and has a buyer waiting reather impatiently for her to begin escrow. I have been a loyal tenant for two years and deserve a little courtesy. Thank you.

 

[longneck]

What is the name of your state?Am I correct in my defense saying "improper 30 day notice and no 5-day notice"? Wouldn't this be a reason for the landlord to have to re-file? and correct these insufficiencies in her legal action?

maybe. i haven't read the ariznoa laws specifically, but unless it requires that the termination date be scpecified, that alone is not enough to make her notice invalid. since arizona's law implies that the notice must coincide with the end of the rental period, any notice served without an specific termination date would take effect at the end of the next period.

Also, I requested she use my last month's deposit as my last month's rent, which she has ignored and filed for said monies in her forcible retainer complaint. Am I not within the laws for her to use these monies for this month's rent?

NO. security deposit is for the LANDLORD to use towards unpaid rent. it is NOT for the TENANT to use as rent. the difference is subtle, but important.

for example, say your security deposit is the same amount as your rent payment, so you don't pay the last month's rent. you are now late with your rent. you also have damages that exceed your deposit amount. the LL can apply the deposit towards the damages instead of the rent. as a result, your late fees still grow until you pay the back rent. if you had paid your rent correctly to begin with, you would not owe all those late fees.

I have been a loyal tenant for two years and deserve a little courtesy. Thank you.

sounds like you have ruined that reputation by fighting her every step of the way. good luck getting a favorable reference from her for your new place!

 

[treese]

In Arizona a month to month tenancy hold over statute requires the 30 day notice be given 30 days prior to the periodic rental date specified in the notice.

A lease from month to month may be terminated by the landlord giving at least ten days notice thereof. In case of nonpayment of rent notice is not required.

Also, I requested she use my last month's deposit as my last month's rent, which she has ignored and filed for said monies in her forcible retainer complaint. Am I not within the laws for her to use these monies for this month's rent?

You can request whatever you want, however the LL has no obligation to allow you to use the security deposit for the last months rent. The purpose of a security deposit is to be used for any damages or unpaid rent AFTER you have moved out.

 

[Who's Liable?]

NO. security deposit is for the LANDLORD to use towards unpaid rent. it is NOT for the TENANT to use as rent. the difference is subtle, but important.

Actually in Arizona, the SD can be used to pay the last months rent...

§33-1321. Security deposits
D. Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of all rent, and subject to a landlord’s duty to mitigate, all charges as specified in the signed lease agreement, or as provided in this chapter,

§33-1310. General definitions
14"Security" means money or property given to assure payment or performance under a rental agreement. "Security" does not include a reasonable charge for redecorating or cleaning.

 

[longneck]

WOW! that's a HUGE loop-hole!

 

[BL]

Actually in Arizona, the SD can be used to pay the last months rent...

§33-1321. Security deposits
D. Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of all rent, and subject to a landlord’s duty to mitigate, all charges as specified in the signed lease agreement, or as provided in this chapter,

§33-1310. General definitions
14"Security" means money or property given to assure payment or performance under a rental agreement. "Security" does not include a reasonable charge for redecorating or cleaning.

It State's Upon termination : That doesn't mean upon NOTICE by the Tenant .