My question involves landlord-tenant law in the State of: Arizona
On the original lease, tenants paid first and last months rent and no security deposit- lease has rolled into a month to month lease. Now they have stated they are moving out, on the 3rd of the month they said they would be out by the 13th and are not paying the last months rent. I know by law they are required to give 30 days written notice, but we just want them out so we said 'whatever'. My question is, do they still have to pay the months rent, then get it refunded to them if they comply with the terms of the lease or do they just not owe rent that month. They are leaving the premises filthy and damaged. I have already looked up all the statutes regarding the repair, maintenance and condition of the home, but didn't see much about this issue. Also, we found out that they had a breach of the lease by having a dog and they signed no pets. They are trying to claim that we owe them a prorated amount of rent back since they are leaving on the 13th.
This is what I have put together for them so far, but need to know if I can give them a notice of non rent payment.
• Pursuant to A.R.S § 33-1313 this Notice is given to inform you that pursuant to A.R.S. § 33-1368(A) and Page 5, # 30 of the Lease that there has been a Material and Irreparable breach of Rental Agreement dated March 16, 2011 for the following reasons:
Page 3, # 15 of Lease: pets.
• This Notice is also give to inform you of the following breaches in the Rental Agreement:
Page 1, #5-D of Lease: Use and Occupancy of Property pursuant to A.R.S. § 33-1344. Tenants ran a day care out of home without permission.
Page 2, #13-A of Lease: Maintenance and Repairs pursuant to A.R.S. § 33-1341-6, 8; A.R.S. § 33-1369 and A.R.S. § 33-322. Tenants did not notify landlord of 4-6 bricks missing/knocked out of retaining wall on right hand side of building. Tenants deliberately damaged walls in order to hang flat screen TVs and run cable/wiring to the TVs. Tenants did not notify about broken tile in master bathroom. Tenants removed extension ladder from premises. Tenants removed large standing metal shelving unit from garage.
Page 2, #13-F of Lease: Tenant is not permitted to paint. Bonus room in which Tenants ran the day care has walls painted in pink, green and black. Upstairs bedroom has walls painted in turquoise. Upstairs corner bedroom has walls painted in gray.
Page 2, #10-E, #14-A and #14-C of Lease and pursuant to A.R.S. § 33-321 Condition of Property and Maintenance of Premises. Tenants did not leave premises in same condition as move in. See Move-Out check sheet for itemized list of damages.
Page 2, #13-C of Lease and A.R.S. § 33-1341 Maintenance and Repairs. Rubbish left piled and leaning on left hand side of house outside of gate.
Thank you!!

