Landlord and Tenant Rights and Responsibilities

questions & answers

Question: our lease was up three days ago and we have not heard from the home owner or thr property manager at all we hava an option toobuy and want to make an offer but neither will return calls or have contacted us either what should we do

Answer: If you want to remain in possession of the property as a tenant and have not received communication from your landlord about renewing the lease, then so long as both parties (you and the landlord) continue to perform in the same manner as you always have (i.e. you live in it and pay your rent as usual, etc.), then as a matter of contracts law it is presumed that both parties are in acceptance of the lease terms continuing on a month-to-month basis until either party provides written notice otherwise. (Arizona Tenant's Rights and Responsibilities; A.R.S.47-1303 on course of performance).

As for the option to buy, the Arizona Supreme Court holds that an option to purchase in a lease grants the right for the tenant to purchase but in no way implies a duty to the landlord to sell the property. Loew v. Antonick, 310 P.2d 825 (Ariz. 1956). Additionally, the law generally holds that in order to establish that a lessee has a right (cause of action) to enforce an option to purchase a property that was granted in conjunction with a lease, the lessee must prove that (1)-the parties entered into an option agreement which either defines the property subject to purchase, the price and terms of payment, and the time and manner of exercising the exercising the option, or provides a means by which these essential terms can be ascertained [ §§ 4- 7]; and (2)- that the lessee exercised the option within the time limits, and in the manner, required by the option agreement [ §§ 8- 13].

For more information about Arizona Tenant's Rights and Responsibilities, feel free to reference the state handbook at: https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf

For assistance finding an attorney to discuss your issue, you may reference the AZ State Bar attorney listing at http://www.azbar.org/