questions & answers

Question: I rent with three other people one is planning on moving out by law is she required to give me a certain amount of notice before she moves?We agreed on end of month but she decided to move out tonight the end of the 18th with only giving me 4 hours notice.

Answer:

The following is general information about Arizona landlord and tenant laws. To find out how these or other laws may apply to your specific situation, you may want to consult with an attorney.

The Arizona Residential Landlord and Tenant Act governs the lawful and unlawful behavior of landlords and tenants and can be found under §§ 33-1301- 1381 of the Arizona Revised Statutes.Other provisions found within Title 33 of the Arizona Revised Statutes informative as well. There are specific amounts of notice required pursuant to State statute if the tenant will not be renewing a lease for a mobile home park space, or a long-term rental space for a recreational vehicle. Assuming this is a residential lease, generally the rental agreement will usually state the amount of notice that a tenant must provide when they will not be renewing their lease. The “notice” provision of a lease is generally considered a contractual matter between the landlord and the tenant, and the parties can contract for as much, or as little, “notice” as they like. A.R.S. § 33-341 governs the termination of tenancies when there is no rental agreement, and different time frames apply depending upon the term of the lease. As per A.R.S. § 33-341(C), a tenant renting on a month to month basis shall give ten days notice, and a tenant renting on a semi-monthly basis shall give five days notice. Further, as per A.R.S. § 33-341(C), failure to give the appropriate notice renders the tenant liable for the rent for the ensuing ten days. A.R.S. § 33-1314 allows landlords and tenants to create a rental agreement in any way that is not prohibited by law. Therefore, a rental agreement can adjust the amount of notice required, so long as it does not violate A.R.S. § 33-341(C).

This above is provided as general information only, and is not legal advice. To find out how the laws apply to your specific situation, you may want to consult with an attorney.