questions & answers

Question: I am on a lease until 9/08. I (88 yrs.) need to move to Florida for health reasons and to be with my sister. My daughter (61) is on the lease but is my caregiver and will take me to Florida. She will ultimately move to Oklahoma to be with her daughter after my demise. Can we legally cancel the lease with a certified letter and 30 day notice based on these elements? Thank you. Pinal County

Answer:

The Arizona Landlord Tenant Act discusses the requirements of both landlords and tenants in Arizona. A.R.S. § 33-1313 states that, "A person "notifies" or "gives" a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person "receives" a notice or notification when it comes to his attention, or in the case of the landlord, it is delivered in hand or mailed by registered or certified mail to the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communication or delivered to any individual who is designated as an agent by section 33-1322. ... the tenant or landlord is deemed to have received such notice on the date the notice is actually received by him or five days after the date the notice is mailed, whichever occurs first."

You may want to review your rental agreement, as it likely states the procedure for terminating your lease.