U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > Arizona > Phoenix area
 [Register]
Please register to participate in our discussions with 1.5 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
Reply Start New Thread
 
Old 10-25-2011, 10:01 PM
 
6 posts, read 27,587 times
Reputation: 31

Advertisements

Hey all - I sorta hate asking questions as annoying as this, but I can't figure it out on my own by reading the applicable AZ laws.

The basic question is, can my landlord charge me an increased rent with only 13 days notice? The law says 30 days' notice is required. The details:

I had a 14 month lease which I completed in April. At that time they requested a new lease. I tried to negotiate one, but in the middle of that, something happened on their end, the ball was dropped (on their end) and no lease was ever written. I continued to be billed at my old rent amount. This went on for six months.

Until last week, when I got a letter saying I had to sign a new 14-month lease or pay a 50% rent increase, effective November 1st, only 13 days after I received the notice. When I went in, they pulled my file, and they pulled a fast one, claiming the manager "did [me] a favor by letting me stay on at the old rate."

I tried to renegotiate the lease again, but they won't budge an inch on terms (in this economy there's no way I'm signing a 14-month lease with no out clauses, leaving me potentially liable for an amount equal to a newer used Japanese car). So I've decided to give them 30 days' notice.

Management claims I must pay the increased rent on 1 November. Their mid-October letter of a week ago, which states clearly that I'm currently on a month-to-month agreement, is asking for a rent increase with only 13 days' notice. They are claiming they "really" gave me notice back in April, so the 30-day requirement has been met. My claim is that since they allowed me to stay on for 6 months at the old rent, what I really have now is a month-to-month agreement at the old rent, and this new letter is really a new notice, which requires 30 days to take effect.

Do they have the right to do this? The rules don't really say much about month to month agreements, except that all parties must provide 30 days' notice of any changes (rent increases, move out notices, cancellations). I'm going to call a lawyer tomorrow, but in the meantime, I'd like to hear what you know. They're trying to stick me for an extra $350. Thanks much. --Chuck
Reply With Quote Quick reply to this message

 
Old 10-25-2011, 10:19 PM
 
Location: About as bad as it gets.
408 posts, read 331,293 times
Reputation: 3470
Generally, and I say "GENERALLY" if you are on a month to month lease which means you have NO agreement the landlord can ask whatever they want of you, since you are no longer in contract.
Reply With Quote Quick reply to this message
 
Old 10-25-2011, 10:32 PM
 
339 posts, read 656,276 times
Reputation: 196
I think your best reference is found on the Az Secretary of State web site. Look for the AZ Residential Landlord-Tenant Act. If I remember correctly any changes (vacate/rent increase) require a thirty day notice. Check it out. Additionally, GENERALLY speaking oral notifications are not effective in real estate transactions.
Reply With Quote Quick reply to this message
 
Old 10-25-2011, 10:40 PM
 
Location: Gilbert Arizona
862 posts, read 1,351,025 times
Reputation: 1038
As a reference,we have had two 12 month leases here since moving to the Phoenix area. Both stipulated a $50 per month increase if we continued on a month by month basis.

Good luck!!
Reply With Quote Quick reply to this message
 
Old 10-25-2011, 11:34 PM
 
4,919 posts, read 10,519,122 times
Reputation: 5772
If you post to CD's real estate renting forum, some az landlords will respond. There also are links on that forum to many state laws. Even if the resoponse isn;t from az, many are familiar with how state laws are applied so they should be able to give you good advice.
Reply With Quote Quick reply to this message
 
Old 10-25-2011, 11:37 PM
 
229 posts, read 431,039 times
Reputation: 347
Arizona Tenants' Rights and Responsibilities Handbook, Revised August 2009
V. Proper Notice
A. Your landlord can raise rent or decrease services only by giving notice as follows:
1. If you rent month-to-month, your landlord must give written notice at least thirty (30) days prior to the date the rent is due. For example, if your rent is due the first of each month and your landlord gives you notice on March 15 that your rent is going up, that change does not take effect until May 1.

2. If you rent week-to-week, your landlord must give ten (10) days written notice.

3. If you have signed a year-long lease, your landlord cannot raise your rent until the term of the lease has ended.
B. If the landlord does not give proper notice for the changes, then the changes do not take effect.

REMEMBER: THIS PAMPHLET IS NO SUBSTITUTE FOR LEGAL COUNSEL. IT CANNOT COVER ALL SITUATIONS OR CASES; IT ONLY SUGGESTS SOME METHODS FOR DEALING WITH COMMON PROBLEMS YOU WILL FACE.
Reply With Quote Quick reply to this message
 
Old 10-26-2011, 12:27 AM
 
Location: Tempe, Arizona
4,511 posts, read 7,422,653 times
Reputation: 2106
Quote:
Originally Posted by Chuck-ELP View Post
...My claim is that since they allowed me to stay on for 6 months at the old rent, what I really have now is a month-to-month agreement at the old rent, and this new letter is really a new notice, which requires 30 days to take effect....
I think you are correct based on what you stated, but suggest you review all the facts, including your previous lease agreement with a lawyer. You will likely need a letter from a lawyer to motivate your landlord to provide proper notice.
Reply With Quote Quick reply to this message
 
Old 10-26-2011, 12:08 PM
 
Location: In the Deem Hills of NW Phoenix
798 posts, read 763,542 times
Reputation: 846
Quote:
Originally Posted by Chuck-ELP
...My claim is that since they allowed me to stay on for 6 months at the old rent, what I really have now is a month-to-month agreement at the old rent, and this new letter is really a new notice, which requires 30 days to take effect....


rjcm: "I think you are correct based on what you stated, but suggest you review all the facts, including your previous lease agreement with a lawyer. You will likely need a letter from a lawyer to motivate your landlord to provide proper notice."

I agree. In AZ month to month leases do not have legally have to be in writing. My understanding is that actions of either party, such as allowing 6 months to go by without raising the rent can make a legal binding agreement. (Not necessarily enforcable, would likely be up to a judge to decide.)

However, as rjcm advised, check your old lease. There may be a provision in it whereas your lease would change terms should you go month-to-month and you may have been sliding by. Getting a lawyer is definitely advisable. You might want to check out attorney Andrew Hall's website. There is an FAQ with contact info you can ask specific questions.

Best of luck.
Reply With Quote Quick reply to this message
 
Old 10-27-2011, 10:00 AM
 
339 posts, read 656,276 times
Reputation: 196
Additionally, as Dura pointed out, the notice should be 30 days BEFORE the next rent is due (and that goes for Vacate notices, too). I just said 30 days notice and, I believe that was misleading.
Reply With Quote Quick reply to this message
 
Old 10-27-2011, 10:33 AM
 
Location: St Thomas, US Virgin Islands
22,242 posts, read 26,556,562 times
Reputation: 22794
It's pretty much universal that when a lease ends and no further lease agreement is entered into, the tenancy becomes a month to month under the same terms and conditions as the original lease. Your state law requires a 30 day written notice of a rent increase so this is what your LL is required to give you. I disagree that you need a letter from a lawyer to prove the point to your LL.

Respond to the letter in writing, telling the LL that according to state law he is required to give you 30 days notice of a rent increase and that therefore this would take effect December 1, 2011 (assuming that under your original lease, rent is due on the 1st of the month). Advise that this rent increase isn't acceptable and that you will therefore be vacating the premises by November 30, 2011 and will be back in touch closer to that date to arrange a walk-through inspection. Keep it short and sweet and leave the ball in their court.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Options
X
Data:
Loading data...
Based on 2000-2011 data
Loading data...

123
Hide US histogram

Over $84,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Arizona > Phoenix area

All times are GMT -6. The time now is 06:22 AM.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top