questions & answers

Question: I have co signed for my adult son for the last 3 years. A new property management company took over the lease for the last 3 month. The new property management company did not inform me that they took over the lease. My son gave a 30 day notice on January 5 2018. He paid January rent. The new property management company says he is responsible for February rent as well. They are informing me now that I need to pay February because I am a co signer. (My son is now a student and can not afford the rent) Question: Are we responsible for February 2018 rent because the 30 days went from 01/05/2018?

Answer: When a new landlord purchases a property, the new landlord is responsible for fulfilling any agreements that the previous landlord made with his tenants, and the tenants themselves remain responsible for fulfilling their pre-existing agreements with the new landlord. In other words, the change in landlord makes no difference to either parties’ rights or duties – although the new landlord should inform the tenants of the change in writing. As for the 30-day notice requirement, if the agreement was (or had become) a month-to-month rental agreement, then under the Arizona Residential Landlord and Tenant Act, the rule is that the tenant must provide written notice to the landlord “at least thirty days prior to the periodic rental date specified in the notice” (A.R.S. 33-1375(B)). In other words, notice must be given to the landlord at least one full month in advance of the final full month in which the dwelling will be rented. (This rule is designed to ensure that landlords are able to start looking for new tenants on the first of the month to move in on the first of the next month, rather than sometime in the middle of the month.)