questions & answers

Question: I sublet an office space that was given to me from my parents to use for ministry. The person moved in on The 7th and because he hadn't meet the owner wanted a full refund stating I fluently rented it, yet still is occupying the space as of today and refuses to turn in keys or move her things. She signed a month to month lease on July 7th. Do I owe her the money back and if not how do I get her out?

Answer: If this is an office space rather than a residential lease, then the normal protections of the Arizona Residential Landlord Tenant Act do not apply. The specific terms of the lease, if there is a written lease, would apply. In the absence of a written lease, the Arizona Revised Statutes would likely apply, and the tenancy would be governed by A.R.S. 33-341. In a month-to-month tenancy, ten days written notice before the end of a lease month is required to terminate a lease, except, as set forth in the statute, where there is nonpayment of rent. If the tenant is in the premises and refuses to leave, then they are a tenant, and they are required to pay for that tenancy and, based on the facts as I understand them, would not be entitled to a refund. Because this sounds like a commercial lease, your best best may be to consult with an attorney who has experience in commercial landlord-tenant issues. Please note that I am providing general guidance based on the limited information available to me. I am unable to provide you with legal advice, and answering your question does not create an attorney-client relationship or constitute legal advice. I wish you the best going forward.