Non-renewal lease laws (Phoenix: 2015, attorney, tenant)

[Gtpatterson]

So I have a fixed end date lease that is up on 12/31/2015. I just went in today to let them know I will not be renewing, which is 53 days notice. They told me that in my lease it states that I have to give 60 day notice and since I did not that I will have to pay for the month of January as well. I checked my lease and it does state that, but I have been reading some state laws and I read for the state of Arizona it says that in a fixed end date lease that there does not have to be any notice because it is assumed that the tenant will not be living there unless stated otherwise. I still sent them an email letting them know I will not be renewing. Does anyone know the exact state laws for non renewal and can send some links? I just find it tidiculous that they will not except 53 days.

[jamies]

I don't know the exact law, the Tenant Handbook for AZ may say something. So far as I know, no notice is required in AZ for a lease. It is just courtesy.

There is an attorney in Phoenix. I believe the web site is KeytLaw.com who is LL/Tenant savvy.

[Zippyman]

It's not a "fixed end" lease if it has a renewal clause & a notification requirement. That said, I don't think they can force you to stay the entire month of January, just the balance of the 60 days unless they have some non-standard wording in the lease.

In any case, your termination notice should be sent certified mail, return receipt requested, especially if you've got a landlord who is trying to get over on you. I would go ahead & send a termination notice through the *mail* referencing your email & clarifying that you intend to move 60 days from (whenever the email was received) - so they don't try to pretend they never got your email & ding you for even more days.

Sounds like you've got a lazy landlord, so read all the fine print in that lease before you move, comply with all the move-out requirements to a "t" & take lots of pictures of the property condition on the way out the door. Digital cameras & phones are great for this - open all the blinds & turn all the lights on & take pics of every wall, door, nook & cranny - 100+ pics might be necessary & the one place you don't photograph will for sure be the place where the landlord claims there's a hole, a torn carpet, etc. Inside the fridge, stove, microwave etc too. Burn those pics to a disc & if/when your security deposit isn't promptly returned, you'll have a shot at getting it back + damages.