questions & answers

Question: I am buying a house and the tenant doesn't want to get out of the house. She doesn't have a contract, they are going month to month. and she told the landlord that she was going to move out whenever she wanted. how long would it take to get her out?

Answer: Under Arizona law, in the absence of an identified end date a residential rental agreement is assumed to be a month-to-month rental agreement (A.R.S. 33-1314(D)). A landlord who wishes to terminate a month-to-month rental agreement simply needs to provide the tenant with written (signed and dated) notice of the landlord’s intention to terminate the rental agreement. This notice must be delivered to the tenant at least 30 days before the beginning of the next rental period (which is usually the first of the month) (A.R.S. 33-1375). On the day on which the rental agreement finally terminates, the tenant will be required by law to vacate the premises.