Prescott, AZ asked in Real Estate Law and Landlord - Tenant for Arizona

Q: My tenant won't sign amendment to the lease on limiting overnight visitors. Lease is changing over to month-to-month.

She wants no limits to her boyfriend staying over. I live on the property and do want limits, but the original lease was less than specific about it. Can I legally say that since we couldn't come to an agreement on this, that I am giving her 60 days notice? Or should I just give notice with no reason to protect myself legally, which seems a little cold.

1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Landlord Tenant Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: If your tenant's lease is coming to an end and the two of you cannot agree to the terms of the new lease, you may give her the appropriate notice called for by your lease to let her know that her tenancy is terminating. You are not required to give her any reason for your decision. If her lease has already converted to a month to month tenancy, you can terminate by giving a 30 day notice per the residential landlord tenant code. If you have not already done so, I recommend reviewing the landlord tenant code before you send out notices.

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