Landlord and Tenant Rights and Responsibilities

questions & answers

Question: We rented a home 2 years ago with a 1 year lease. The landlord has not had us sign a new lease. The old lease specifically states that the agreement begins on 8/5/10 and ends 7/31/11. What rights and responsibilities do I have?

Answer: The following is provided for general information only. To find out how the law applies to a specific situation, contact an attorney directly. Under ARS 33-1314, “[t]he landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or any other rule of law including rent, term of the agreement and other provisions governing the rights and obligations of the parties’. In the absence of a rental agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling units. Rent shall be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportioned able from day-to-day. Unless the rental agreement fixes a definite term, the tenancy shall be week-to-week in case of a roomer who pays weekly rent, and in all other cases month-to-month.” Additionally, ARS 33-1375 states that, “[t]he 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.”