Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I'm renting the 1st floor of my landlords house.I have an open end lease.She is putting the house up for sale. how much time do I have after im given a written notification?

Answer: If your lease is month-to-month, which I think you may mean by open-ended, she can give you thirty days written notice to vacate the premises at the beginning of any rental month. The applicable statute is A.R.S. 33-1375, which reads: 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. As you can see, if it's a week-to-week tenancy, it can be terminated with ten days written notice, if it's a month-to-month tenancy, it's 30 days. If it is unspecified, the default is a month-to-month tenancy that may be terminated on thirty days written notice. Please note that I am providing general information based on the very limited information available to me. I am unable to provide you with legal advice, and no attorney-client relationship is created hereby. I wish you the best in this and all your endeavors.