Lease Termination Letter for month 2 month

[Normgreene]

Live in Arizona. We have a verbal month to month contract with a person that started Feb 3 with whom I'm trying to evict. Can I give her a 30 day termination letter today with move out of Apr 24 or does it need to be 30 days from Apr 1 (the start of a fresh month) and have a move out date of Apr 30?

Also, can I hand deliver the notice? I have a termination letter template which I purchased online that says I can.

 

[Normgreene]

She is moving her stuff out now it appears after I gave her the lease termination letter. Is there something that I need her to sign so she doesn't try to claim forced eviction? I have cameras in the garage showing her and her friend moving out her belongings themselves.

 

[LdiJ]

She is moving her stuff out now it appears after I gave her the lease termination letter. Is there something that I need her to sign so she doesn't try to claim forced eviction? I have cameras in the garage showing her and her friend moving out her belongings themselves.

I would have advised you to check with your governor's office before proceeding with a lease termination. In many states it has been ordered that landlords cannot evict people or terminate leases while the coronavirus emergency is going on. You may find yourself in a world of hurt if your state did that too.

 

[quincy]

I would have advised you to check with your governor's office before proceeding with a lease termination. In many states it has been ordered that landlords cannot evict people or terminate leases while the coronavirus emergency is going on. You may find yourself in a world of hurt if your state did that too.

Governor Ducey has suspended foreclosures and evictions, aligning the state of Arizona with HUD, the FHFA, and several other states.

https://azgovernor.gov/sites/default/files/eo_2020-14_0.pdf

 

[Normgreene]

No ban yet in Maricopa county where I live but it says that County Justice Courts might postpone eviction hearings.

Anything I can get her to sign upon leaving to protect me from being sued?

 

[Zigner]

No ban yet in Maricopa county where I live but it says that County Justice Courts might postpone eviction hearings.

Anything I can get her to sign upon leaving to protect me from being sued?

Did you read your state's information, as posted by quincy above?

 

[quincy]

The Governor’s Executive Order was just issued yesterday. County websites might not have been updated yet.

The Order applies to all evictions and foreclosures in the State that impact those tenants who are sick or suffering economic hardships due to Covid-19. Statewide court closures have also been ordered.

 

[Normgreene]

I read it after as I didn't see the link. None of the hardships applied, but it's pretty clear trying to get a court to hear the eviction evidence is probably unlikely for a while.

Thanks for the help, but I'm still looking for a document she signs freeing me from being sued down the road.

 

[quincy]

I read it after as I didn't see the link. None of the hardships applied, but it's pretty clear trying to get a court to hear the eviction evidence is probably unlikely for a while.

Thanks for the help, but I'm still looking for a document she signs freeing me from being sued down the road.

You cannot force your departing tenant to sign any form that prohibits the tenant from filing a lawsuit against you in the future.

 

[Normgreene]

I appreciate all the repli - definitely not trying to force her into signing anything. I found a Mutual Termination of Tenancy template online. Will this be good to have if she claims illegal eviction down the road?

Mutual Termination of Tenancy



Comes now the Landlord, ______________________________________, and the Tenants, __________________________________________________________________

__________________________________________________, and do hereby agree that the rental agreement for unit _____________, entered into by the parties, for the property located at ___________________________________________________________________________

______________________________________________________________, will be mutually terminated, and the tenancy will end by operation of law, with no further notice required by either party at midnight on _______________________.


The tenants agree to vacate the property on or before the above termination date, and, if they fail to vacate the unit in a timely manner, that eviction proceedings will be started immediately.

The terms of this notice shall not be changed unless any such changes are in writing and signed by all parties to this agreement.


Landlord

By: _________________________

Agent


______________

Tenant

 

[quincy]

It would of course be nice to have something in writing signed by your tenant. I can’t comment on the form you posted. For a contract review and analysis, you will need to see an attorney licensed to practice in your area. That goes beyond the scope of this forum.

 

[Zigner]

Contract review is beyond the scope of this (or any) internet forum. You should take the agreement to a local attorney for review.

 

[LdiJ]

If I were her, I wouldn't sign it.

 

[quincy]

If I were her, I wouldn't sign it.

I wouldn’t either.