Phoenix, AZ asked in Landlord - Tenant for Arizona

Q: Landlord wants to live in rental is this legal reason to evict? In az.

Gave my daughter son in law 4 granddaughters 30 days to vacate. They can't find place that quickly. Month to month. No lease.

Related Topics:
3 Lawyer Answers
Adam Studnicki
Adam Studnicki
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: Here's a link to a guidebook put out by the AZ Secretary of State: https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf

From Part 6:

If your lease is month-to-month, to terminate your lease, you or the landlord must give the other written notice at least thirty (30) days before the end of the last month you plan to live in the home.

1. This means that you cannot plan to move out in the same month you give notice. For example, if you normally pay rent the first of the month and you want to move out by the end of May, you should give the landlord your 30-day notice before May 1. If you don’t give your notice until May 1 or after, then your lease will not terminate until the end of June and you will be responsible for June’s rent.

Be well.

Adam Studnicki
Adam Studnicki
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: I misspoke, it's from the Arizona Attorney General's office.

Leonard Sominsky
Leonard Sominsky
Answered
  • Landlord Tenant Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: With a month to month lease, either party can end the lease with a 30 day written notice from the next rent paying date. Please see the Arizona Residential Landlord and Tenant Act. So as long as you give the proper notice and wait the proper amount of time, you can evict your daughter. You can evict them sooner if they are breaking the lease in some other way, like not paying any rent.

Unless we enter into a written legal services agreement, I am not your attorney and this is not legal advice.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.