Landlord and Tenant Rights and Responsibilities

questions & answers

Question: My landlord won’t delay my move out date. I was set to move April 30th but I need to a few more days due to the virus. What can I do since I’ve been denied?

Answer: Unfortunately a landlord has no obligation to extend a move-out date. As a practical matter, however, the landlord would be required to file a lawsuit against a tenant to remove them from the premises -- so you would likely get your few extra days either way. If they do file a lawsuit, you may have some defense as a result of coronavirus during these difficult times. Please do note, however, that if the landlord can prove that you overstaying was "willful and not in good faith", they can recover the greater of actual damages or two months rent. I have pasted the statute below. I cannot of course tell you what a Judge would do during these strange times or advise you to overstay your lease. I wish you the best. 33-1375. Periodic tenancy; hold-over remedies . . . 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. Here is a link to the Arizona Residential Landlord Tenant Act that may provide you additional resources: https://housing.az.gov/sites/default/files/documents/files/Landlord-Tenant-Act-ADOH-Publication-July-2018_0.pdf