is this "tenancy at will" or "month to month"?

[julbug66]

What is the name of your state? Arizona

what is the difference between "month to month" and "tenancy at will"? a friend of mine has a house here (he's in CA) that he was letting friends live in. they lived there for four years, then they got a divorce. the exwife, who is still living there, has not paid any rent in a couple of months. there was never a written agreement of rental terms. how can my friend get her out? with a 5 day notice because she hasnt paid rent, or a 30 day notice because it's month to month, or can he handle it as "tenancy at will"?

 

[FarmerJ]

If she hasnt paid the rent one of 2 ways can be done If unlawfull detainer is filed after notice to quit is given then she has the chance to pay up all the rent money owed and stay on paying the rent like she should be . If possession of the house is what the owner would rather have with out chasing her down for the rent then owner can review state statutes for LL & T through the stategovt web page . mail to her a 30 day notice to vacate and add few days to allow for delivery acording to the time frames the statutes say . and make copy of notice and send notice with at the very least a certificate of mailing so there is a rcpt proving that it was placed into mail system to be sent to tenant . Then If tenant refuses to leave that tenant will be taken to court for overstaying notice and can explain to a judge what part of the notice they failed to understand

 

[Mountaineer]

A tenancy at will occurs when no rent, or a nominal rent, is paid to or expected by the landlord.

A tenancy from month to month occurs when a montly rent is paid for the leasehold.

Its likely that the tenancy you describe would be for month to month, as rent was paid and expected prior to the tenants' divorce. Particularly if rent was paid or demanded by the landlord after the tenants' divorce.