questions & answers

Question: Our lease on our Apt. ended and we had a three month extension. The three months are up and we are moving. the Apt are coming at us saying we are liable for another months rent. The apt. is claiming a 30 day vacancy notice but the lease is already up. i also had one roomate leave and another move in during the lease period. Teh question I have is can they hold us responsible for the one month extra rent?

Answer:

It is always in someone's best interest to look over the original rental agreement, as well as any additional documents which were required for the extension, the specific details of the agreement should specify what is expected of a tenant at this time. You can find the specifics of the landlord tenant act at the following link, http://www.supreme.state.az.us/info/brochures/landlord.htm

The portion below may target the information you are requesting specifically.

Overview of Arizona Landlord Tenant Law: XI. Ending the Rental Relationship a) When there is no dispute about rent being due: 1. If you are renting month-to-month, you must provide the landlord with written notice -- at least 30 days before your next payment would be due -- that you will be terminating the rental agreement. 2. If you are renting for a longer period you still may be required to provide the landlord with written notice of your intent to terminate the rental agreement. Carefully read the terms of any agreement to see what requirements apply to you. b) If you have fallen behind in your rent payments: 1. You can stay in the rental dwelling if you pay any past due rent and late charges within five calendar days of being given legal notice by the landlord of possible termination of your rental agreement. 2. If, after your landlord files suit against you, but before a judge issues a ruling, you pay the rent, late charges, court costs and reasonable attorney fees, you also can stay in the rental dwelling. Your landlord cannot force you to move out unless a judge grants an order for your eviction (called a Writ of Restitution), and the order is served on you (usually by a sheriff or constable). If judgment is in favor of the landlord in a special detainer case, the landlord has sole discretion regarding the reinstatement of the rental agreement. 3. If your landlord accepts a partial payment of the rent you owe, the landlord still may have the right to evict you unless you have a written agreement that allows you to stay. 4. You can be held liable for two months rent (or twice the amount of any damages you caused) after your rental agreement with your landlord is terminated if it is found that you willfully failed to act in good faith, according to the terms of your rental agreement.