Landlord and Tenant Rights and Responsibilities

questions & answers

Question: When renting month-to-month after a regular one year lease in an apartment what is the amount of notice rquired by law in order to vacate without penalty.

Answer:

Your answer may depend on what is written in your rental agreement. Rental agreements are legally binding contracts between the parties. Many rental agreements provide information on how the lease will be handled after the designated time frame has ended. Check your lease to see if it has a section that tells you how much notice you should give your landlord before you vacate your apartment.

It may also be helpful to look at the requirements in A.R.S. § 33-341 on terminating tenancies. That statute says:

A. A tenancy from year to year terminates at the end of each year unless written permission is given to remain for a longer period. The permission shall specify the time the tenant may remain, and upon termination of such time the tenancy expires.

B. A lease from month to month may be terminated by the landlord giving at least ten days notice thereof. In case of nonpayment of rent notice is not required.

C. A tenant from month to month shall give ten days notice, and a tenant on a semimonthly basis shall give five days notice, of his intention to terminate possession of the premises. Failure to give the notice renders the tenant liable for the rent for the ensuing ten days.

D. When a tenancy is for a certain period under verbal or written agreement, and the time expires, the tenant shall surrender possession. Notice to quit or demand of possession is not then necessary.

E. A tenant who holds possession of property against the will of the landlord, except as provided in this section, shall not be considered a tenant at sufferance or at will.

For more information please see our article Landlord Tenant Act as well as our article on the Landlord Tenant Relationship.