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On Jan 1 I gave my landlord 60 days notice that I was going to have to break my lease early because I lost my job and couldn't afford it here anymore. She was unsuccessful in renting it to someone...

else and asked me to stay at a reduced rate I could afford (she figured something was better then nothing). She now claims that I would have to move immediately if someone else wanted to rent it out. I thought she had to give me 30 days notice one way or the other. She claims that since I said I would be out on March 1 (even though we reached an agreement for me to stay) that she can ask me to leave at any time. I don't need 30 days I told her that I would work with a different time frame, but she said that if someone wanted to rent this place and had to move in right away that I would have to be out immediately. Do I have any legal ground to demand a 30 day notice?
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Colleen Corgan
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4 years ago
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Hi Chris,

Do you have any sort of lease in place now (even month to month)? If not, I would definitely request one to be drawn up and write into it that she must give you a month's notice.

I believe right now, since you have been living there for a while and paying rent each month, that you have a "verbal month-to-month" lease, which would mean that the landlord still has to give you 30 days notice. However, the extent to which this is enforceable and recognized varies from state to state.

In my opinion, it would be best to protect yourself by getting everything in writing now, though I am unsure of whether you are legally entitled to a 30 days notice in AZ without a written lease or not.

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Hi Chris,
It sounds like your landlord wants to have it both ways. She'd rather have something than nothing, but doesn't want to give you any standard courtesies. If I were you, I would suggest you either get something in writing (verbal just doesn't hold up in court) or find something now and give notice on your time. Being a Realtor in the Phoenix market I'd be happy to help you find something. Big problem here in Phoenix right now is landlords using the rent to live on and not paying their mortgage. Do some research on your new property/owner before committing to something. I have clients on their 3rd rental foreclosure, with no deposits returned, as a result of these tough times. Do a little research at the front end and it will hopefully help you in the long run.
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4 years ago
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One she was smart for keeping you and creating a vacancy.

Next, she wasn't smart for trying to get more if the market can't carry it. If you are still under the terms of the lease (even if it's reduced) the terms of the lease may still apply (i'm not a lawyer).

On a month to month, it may be 30 days notice from the time the rent is due. Another source is RentLaw.com The National Landlord Tenant Guide

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Thanks for responding Colleen. The original Lease was until Aug 31. My 60 day notice was in writing and I have an e-mail from her offering a reduced rate for me to stay until she finds another tenant. This is my 3rd year here and I've never had a problem paying on time etc. I think in Jan my landlord didn't think she'd have a problem renting it out to someone else, but she listed it for more then I've paid in the past and quite frankly there are better deals in the area. Now here we are 4 months later and no offers to rent this place. There was one guy who thought about it but needed to move in within 7 days over Easter weekend, I told him that I wouldn't be able to make that happen and offered 2 weeks but he ultimately declined. That is how this conversation came up in the first place. My landlord told me I'd have to move right away if someone wanted to move in and that I gave up my right to 30 days notice when I told her I'd be out March 1st. I'm thinking about paying her for May and letting her know that I'll be out by June 1st one way or the other. I don't want to keep living like I might be asked to move any day, especially if I'd have to move at a moments notice.
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Colleen Corgan
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4 years ago
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Hi Chris,

OK I did some digging and please don't take this as official advice, I just read the AZ Tenant's Rights and Responsibilities handbook (http://www.azag.gov/civil_rights/TenantRightsRespo...).

1- Sounds like a "obligations to rent may be oral or in writing"- since you don't have an additional signed lease, it sounds like you have an oral lease, though you do have written proof so I'm a little unclear on this.
Anyway, a "tenant who has an oral agreement or whose lease has expired is considered to be on a month-to-month tenacy"

2- Section J: You Have a Right to a Proper Eviction Notice says: "The landlord must give at lease thirty (30) days advance written notice prior to the date you are required to pay rent if you rent month-to-month."

So, sounds like to me she needs to give you 30 days notice. On the flip side, you are also required to give 30 day written notice so if you feel like your relationship is already so strained that you want to move, make sure that you give her ample notice.

CHeck out the link to the Tenant Rights I sent you. I didn't read the entire thing, but you should :) It's short, 27 pages. If nothing else, you can just bring that to the landlord and show her your rights.

Good luck!

Colleen

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Jon Griffith
Jon Griffith
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3 years ago
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So, if I understand correctly, you have a 60-day agreement with your landlord, but they couldn't rent it. So, they offered you lower rent to stick around longer, which was too good to turn down, so you did, and now you're helping the landlord out while they find another tenant. It is my experience that your landlord, at this point, would still need to give you 30 days notice once they find a new tenant.

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