By: A user on PropertyQube asked a great question recently about what needs to happen near the conclusion of a lease. The question asked:
I gave notice on 2/5/08, that I would be moving out at the conclusion of my lease, set to end on 2/24/08. My landlord told me that a 30-day notice is required, and that I’ll need to pay through 3/5/08. Is that right?
Let me quote the recently revised Residential Lease Agreement for Arizona from AAR:
The lease shall begin on ____ and end on ____, at which time this Agreement shall automatically continue on a month-to-month basis, …, unless either party provides written notice to the other of their intention to terminate the Agreement. Notice to terminate the Agreement at the end of the original term shall be given on or prior to the last rental due date of the original term. Notice to terminate, if on a month-to-month basis, shall be given thirty days prior to the period rental date specified in the notice.
As you can see, for a typical lease is written today, which begins March 1, 2008 and runs through February 28, 2009, if the tenant has plans to vacate the property on February 28, 2009, the tenant is required, by the Agreement, to notify the landlord in writing of their intent to terminate the lease. Notice will need to be given no later than February 1 (assuming rent is due on the 1st of each month), which is a tad less than 30 days. If the tenant stays another year, on a month-to-month basis, then in 2010, to move out on February 28, the tenant will need to notify the landlord by January 29, 2010 to terminate the lease on February 28, 2010.
Landlord’s do vary their enforcement over the specifics within a lease (sometimes being more lenient). However, to protect yourself, if you are a tenant, it’s in your best interests to plan accordingly, and provide the written notice that is called for in the terms of the lease.
As a property manager, our calendar of events for every rental property includes a reminder to meet with the owner 45 days prior to the end of any lease, to discuss with the landlord what their plans are regarding the property. If they plan to sell, re-rent, renovate, etc., I know we need to give 30(ish) days notice to the tenant, so we make sure to have a touch point in time to accommodate accordingly
7 responses so far ↓
Every property management company I have every worked with gives that 45 days heads up notice and what is your plan. Of course you give 30 days in writing notice. So landlords can be forgiving if they are able to rerent it and cover that week. That is also why most take a depost to cover things like this right!
It’s important to note that the deposit is not to be used to pay for the last month’s rent, or any hold over rent. That deposit is to be used to pay for damages caused by the tenant. If the landlord allows a tenant to use the deposit to pay for the last month’s rent, and then the tenant leaves the property in a state of disrepair, the landlord has little recourse.
Yes!
Is there a full month requirement (must pay for the entire month) in Arizona imposed to tenants like it is in Colorado? For example, let’s say a lease is set to expire on April 30th and the tenant decides to stay month to month, then gives you a verbal notice on May 5th that they are leaving. When does their responsibility for payment expire.
DJ, a verbal notice wouldn’t be suitable notice to end a lease. It must be in writing. If a tenant tells me verbally, they want to move out, I put it in writing and send it back to them. This way it was in writing. On a month-to-month contract, either party can give notice to the other party that the lease will be ending in 30 days. If notice was given on the 5th of May, and it was in writing for 30 days from that date, the tenant would need to move out on June 4th, since May has 31 days in it.
If I gave my 30 days’ written notice on the 12th of May, intending to leave on the 12th of June, am I obligated to pay for the full month of June or only for the 12 days?
Awaiting your response.
Assuming your lease was written to end at the end of May, you would only pay for the 12 days of June you were in the property. If you lease runs through the end of June, you would probably be obligated to pay through the end of June.
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