No rental agreement in AZ

[kangolnoel]

What is the name of your state (only U.S. law)? ARIZONA

I live with someone and have no rental agreement. I have been here over a year. She wants to kick me out and its the 5th of the month. She presented me with a paper saying i owe her a whole months of rent for the next month even if I am out by the 1st of the month. If anything the only thing that we agreed to was that I would live here and pay her rent for the months I was here at the beginning of the month. There were no termination obligations ever discussed even orally.

I will of course, not sign her made up paper.

Do I have any right at all to pay a WHOLE month of rent If i am not in the apartment?
I have already paid for the month we are currently in.What is the name of your state (only U.S. law)?

 

[Gail in Georgia]

In the absence of a lease, a tenant is considered to be a month to month renter. As such, your state requires that either party (landlord or tenant) give a written notice at least 30 days that the tenancy is ending.

When this month to month lease ends, the tenant is no longer responsible for any further rent, although they may be responsible for damages above normal wear and tear.

Your landlord is assuming that because she gave you this 30 day notice on November 5 ending the tenancy December 5th that you'd owe for the entire month of December. If she wanted you out by the end of November/beginning of December she should have given you this notice earlier.

Gail

 

[kangolnoel]

do i owe

if i leave by december do i owe her any money?
that is what i would like to know.

she also drew up a random document saying (even though i paid for nov) that one of my friends isnt allowed in the apartment and that i also have to pay 500$ if i fail to pay the $380 for rent? this is not a fair legal document is it

 

[Gail in Georgia]

If you leave by December 5th, you would owe rent from the 1st to the 5th.

If you leave at the end of November, your roomie would have to sue you for the remaining five days rent (or keep that portion out of your security deposit if you gave her one).

She can write all the nonsense she wants in terms of what she wants you to owe her if you don't pay Decembers rent. None of this is considered a lease if you both don't agree to it.

Gail

 

[Who's Liable?]

Tell her to pound sand...

She MUST give you PROPER notice ON OR BEFORE the next rental due date, as stated before. In this case, you would be required to leave Jan. 1, as she would have needed to notify you by October 31 if she wanted you out by Dec. 1.

Send her a 30-day notice to vacate CRR to her home address stating you are giving your notice to vacate per AZ state LL/T laws, and you will be out Jan 1. Keep a copy of this letter and your proof of sending somewhere safe, preferably at a friends house.

Send another letter CRR stating your forwarding address. State in the letter ALL communications MUST be sent to this address immediately.

Send another letter CRR stating NO agreements will be made either orally, over the phone, text messages, email, fax, etc. and ALL agreements MUST be made in writing and will ONLY be enforced with your WRITTEN approval.

Send another letter CRR requesting your security deposit(if there is one) within 30-days of your tenancy termination.

In AZ, a letter is deemed "delivered" on the 5th day regardless of signature acceptance. Meaning even if the receiver intentionally ignores the letter, the states deems he has received the letter and is aware of its contents. If ANY of the letters are returned, DO NOT OPEN them as they are evidence and the judge will want to see it.