No contract termination of lease in AZ

[Hart224]

State of Arizona

My husband and I along with our two children, and 1 other tenant, rent a home. I have lived at this location for almost 6 years with no lease agreement. My husband has been here for almost 4 years, no lease agreement. We recently had a new tenant move into one of the rooms, and he does not have a lease agreement. We were informed on 7/23 by a visit from the landlord that we must all be moved out by 8/31. He gave us a letter he typed up stating why and the time frame. I believe that a 30 day notice is required in Arizona for a termination of lease. However, we have no lease. Is it possible to get a longer time frame to move out? Last minute termination along with having to move a family of 4, is impossible when we weren't expecting it. The kicker is, the landlord is a personal friend of ours for many years, and didn't bother to mention he was looking into turning it into a group/care home, for which he has already been certified, apparently.

 

[FarmerJ]

yes you do have a lease it is called a month to month rental agreement and its term is month to month which means your term for length of rental is month by month. NOW as to his wanting to convert it to a group home LOL I know this part real well, did he install locks on the cabinets under the kitchen sink ? did he install locks where the chemicals for laundry and bathrooms would be stored , did he create a med room or install locks on upper kitchen cabs to old client meds? house meds ( Prn type things drs write standing orders for like tussin for cough, acetaminephine , bandages etc ? does each bedroom now have smoke alarms? CO alarms if the house has gas service ? Id suggest this landlord of yours likely has one heck of a lot of work ahead of him to be able to be licensed as a group home ,. BUT no matter like it or not your landlord has to give you a proper written notice to vacate and telling you to get out by the 31 is not proper notice. BTW this isn't your friend other wise he would have come to you and said `im in a spot so id like to help you relocate by the 31 (with his check book in hand or a wad of cash so you would have the money to pay first (maybe last) and dep all at once ( and enough to help pay for storage unit or movers) so this way there would be few hard feelings so id suggest you turn it around , give him via certified mail your proper notice to vacate and then proper notice to your subtenant.

 

[not2cleverRed]

State of Arizona

My husband and I along with our two children, and 1 other tenant, rent a home. I have lived at this location for almost 6 years with no lease agreement. My husband has been here for almost 4 years, no lease agreement. We recently had a new tenant move into one of the rooms, and he does not have a lease agreement. We were informed on 7/23 by a visit from the landlord that we must all be moved out by 8/31. He gave us a letter he typed up stating why and the time frame. I believe that a 30 day notice is required in Arizona for a termination of lease. However, we have no lease. Is it possible to get a longer time frame to move out? Last minute termination along with having to move a family of 4, is impossible when we weren't expecting it. The kicker is, the landlord is a personal friend of ours for many years, and didn't bother to mention he was looking into turning it into a group/care home, for which he has already been certified, apparently.

Is this a typo? Did you type 8/31 by mistake?

 

[Stephen1]

Proper notice: 30 days. So, assuming there is no typo in the original post, then the landlord HAS provided proper notification.

Now to your question "Is it possible to get a longer time frame to move out?" - Yes, it is possible to get a longer time frame. You contact the landlord and negotiate a longer time. Whatever the two of you agree upon is the new time frame. I recommend getting the new date in writing. If you do not reach an agreement, then the original move out date of 8/31 stands.

 

[Gail in Georgia]

You are correct that all it takes to terminate a month to month tenancy in Arizona is a 30 day written notice provided before the end of the periodic term (typically the end of the month).

If you fail to move (or the landlord will not extend this lease) then you face the risk of him/her starting an eviction due to you being a "holdover" tenant.

Your friend/landlord does not have to provide you the reason for terminating this tenancy.

Month to month tenancies are great for those who might need to move quickly (for example, students or those whose job might transfer them frequently) but for families these type of leases provide little stability and it's often better to try to get a longer lease.

Gail


How much advance notice of termination is required in a month-to-month tenancy?

A residential month-to-month tenancy in Arizona may be terminated by either party providing the other party with a written notice at least thirty days before the end of the next “periodic term” and tenancy must terminate at the end of a “periodic term.” (See A.R.S. Section 33-1375.B: http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01375.htm&Title=33&DocType=ARS ). In a month-to-month tenancy, the “periodic term” is one month. For example, if you want to terminate tenancy on November 30, then you must give a written notice of termination on or before October 31. If you give the notice on October 15, tenancy still terminates at the end of November, NOT on November 15, because tenancy must terminate at the end of a “periodic term.” You must take care that you give a full thirty days advance notice. Don’t count the day you hand-deliver the notice. If you serve the notice via certified mail, then add another five days, which means you would need to give thirty-five days advance notice. Be careful to calculate the days properly; some months have thirty days, some have thirty-one days, and February has twenty-eight or twenty-nine days.