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  1. #1

    Unhappy Can a Landlord Give You 10 Days Notice to Move Out

    My question involves landlord-tenant law in the State of: Arizona.

    I signed a 12 month lease on 6/1/09. In November, my husband and I found out that the base housing that we were told would take 1.5-2 years to get was actually ready to be moved in at a weeks end. I verbally informed the landlord of the situation and that due to this, we could be out as early as 11/30/09. They told us that we were responsible for the rent until another rentor or purchaser were found. The house was shown 4 times in November, with no serious prospects. Being the end of November, we assumed that they had not found a renter, and we would have to pay for the month of December. On the night of 11/30, the landlord called to ask for the keys to my astonishment. I explained the apparent confusion, and told him that we were never informed of any new tenants. He stated that he had people who already gave a deposit and were moving in on 12/15/09, and that we needed to be out by 12/10/09. Due to the impression that we would need to pay rent again for the month of December, we declined base housing for another month and now there are no houses available. Is there anything I can do with my current landlords?

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Can a Landlord Give You 10 Days Notice to Move Out

    Under Arizona law the only circumstance in which a tenant can break or terminate a lease early is when the landlord has failed to maintain the premises in a safe and habitable condition.

    The law you may have heard of is the Service Members Civil Relief Act which is a Federal Law allowing military members to terminate a lease upon receipt of orders to deploy for at least 90 days.
    From what I read, the key phrase here is "...upon receipt of orders to deploy for at least 90 days." Since you aren't being deployed and did indicate you were breaking the lease agreement, the landlord must mitigate damages (rent as soon as possible), in order to let you out of the lease; which they did.

    Unless I've misread or mistated anything, I don't see that you have any recourse.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can a Landlord Give You 10 Days Notice to Move Out

    Concur with Mikey.

    The problem here is that there was a failure to communicate. You notified the landlord that you were breaking the lease, and he proceeded properly to mitigate his damages. He had no way of knowing that you wanted to stay another month, because you did not tell him.

    At this point, if you don't leave, he can initiate formal eviction proceedings, and win the case pretty handily.

    You can try to make arrangements with him and the new tenant, but with so little time, it's probably unlikely to work in your favor.

  4. #4
    Join Date
    Jan 2008
    Posts
    1,948

    Lightbulb Re: Can a Landlord Give You 10 Days Notice to Move Out

    Have you checked with the billeting office? Your base might have quarters for people visiting/TDY that you can rent for cheap until base housing is ready for you.

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