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  1. #1
    Join Date
    Mar 2010
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    7

    Default What Constitutes Proper Notice from Landlord

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

    I am on a month to month lease, paying each month on the first of the month. All rent is due and payable on the first of each month.

    Last Friday (3/12), I received a;
    "Notice of Termination of Month-To-To-Month Tenancy/Thirty Day (30) Day Notice (Pursuant to A.R.S. 33-1375).

    They sent this "Notice" to me by Certified mail on Tuesday, 3/9/10. I signed for, and received, it on Friday, 3/12/10.

    The termination date of my lease as stated on this "Notice" says 4/9/10.

    It was/is my understanding that a month to month lease ends only on the final day of the month if the periodic due date of the rent is the first of the month.

    Shouldn't the date of termination of my lease, in this case, be 4/30/10?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Proper Notice from Landlord

    I would interpret the statute as requiring the notice to require not less than 30 days notice before a date when the rent is due - that is, that notice would be a full rental period plus up to 30 days. (I'm not an Arizona lawyer, so I won't promise that my opinion and two bucks will get you more than a cup of coffee.)
    Quote Quoting ARS 33-1375. Periodic tenancy; hold-over remedies
    A. The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten days prior to the termination date specified in the notice.

    B. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.

    C. If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord, in addition, may recover an amount equal to not more than two months' periodic rent or twice the actual damages sustained by the landlord, whichever is greater. If the landlord consents in writing to the tenant's continued occupancy, section 33-1314, subsection D applies.

  3. #3
    Join Date
    Mar 2010
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    7

    Default Re: Proper Notice from Landlord

    Quote Quoting Mr. Knowitall
    View Post
    I would interpret the statute as requiring the notice to require not less than 30 days notice before a date when the rent is due - that is, that notice would be a full rental period plus up to 30 days. (I'm not an Arizona lawyer, so I won't promise that my opinion and two bucks will get you more than a cup of coffee.)
    I understand and thank you.

    I think what you are saying is that, if my rent is to be paid on April 1, 2010, then any Notice to Terminate the month to month lease would have to be delivered to me by that date and the lease would not terminate until April 30, 2010.

    So it would be 30 days plus the number of days between the delivery of the Notice to Terminate and the periodic due date, which in my case is April 1st.

    As I have described the Notice they have given me, You think they have given me a legal and valid Notice to Terminate?

  4. #4
    Join Date
    Mar 2010
    Posts
    7

    Default Re: Proper Notice from Landlord

    Quote Quoting Mr. Knowitall
    View Post
    I would interpret the statute as requiring the notice to require not less than 30 days notice before a date when the rent is due - that is, that notice would be a full rental period plus up to 30 days. (I'm not an Arizona lawyer, so I won't promise that my opinion and two bucks will get you more than a cup of coffee.)
    I sent the landlord a certified letter spelling out the specific Arizona Revised Statues regarding proper notice. Told them if they wanted a big, nasty legal fight we could have one but that I was entitled by law to stay until 5/1/10. They had to give me 30 days Notice PRIOR to the Periodic Rental Due Date, which is always the first of the month in my case.

    They backed down and sent me a new notice to be out by 5/1. A small victory for the little guy.

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