Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I was curious as to what the law is regarding not being under any signed lease for renting a house. The landlord is causing issues and I'd like to vacate without notice. Thank you,

Answer:

If you don't have a written lease, the law states that you are tenant on a month to month basis as long as you pay your rent on a monthly basis.  You and your landlord are bound by the what the law states both the landlord and tenant are required to do.  If you want to move you must give your landlord a 30 day WRITTEN notice to move.  You must give the landlord the notice at least 30 days prior to when your next rent payment is due.  You must continue to pay your rent  for those last 30 days. 

If you feel your landlord has not done what he agreed or what is required by the landlord tenant act., then you must usually give him a written notice to do what is needed.   The landlord has time to fix or do what is needed, usually  five days.   If after the five days he does not fix something that is major, such as repairing the air conditioner you may be able to break your lease (even though your agreement is by way of mouth the law considers it a lease) and move.  Breaking the lease is complex and you should seek the advise of an attorney to help you through the process otherwise you may subject yourself to being sued, given bad rental references, or bad credit reports.  See Residential Landlord and Tenant Act .  The Residential Landlord and Tenant Act was enacted to govern the rental of dwelling units and the rights and obligations of landlord and tenant. The document can be downloaded for free. Links to the document in a .pdf format and a Word format are provided in the Document links. By statute, your landlord must provide a printed copy of this document upon your request. Alternatively, printed copies of this document are available for pick up at the Arizona Department of Housing. Questions regarding the provisions in the Residential Landlord and Tenant Act should be directed to the linked agencies referred to on the home page