giving 30 days notice mid-month and prorating (AZ) (rental, month-to-month)

[The_Cadillac_Lawyer]

my lease has been up since 2/2012 and I have been on Month-to-month since then

i heard from other landlords that you can give your 30 days notice at any time, like mid-month, and then your rent is pro-rated for the next month.

now my landlord is saying that's not so, that i have to give it at the 1st day of the month to end the last day of the month.

i don't see anything in my lease that specifies when i can give 30 days notice. The Arizona Landlord/Tenant act language is a little vague about this? Any input?



§ 33-1375. Periodic tenancy; hold-over remedies

A. The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at
least ten days prior to the termination date specified in the notice.

B. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other
at least thirty days prior to the periodic rental date specified in the notice.

[observer53]

If you have a lease still in effect, that statute doesn't apply. Your lease controls what notice should be given, and when, etc.

[The_Cadillac_Lawyer]

Originally Posted by observer53

If you have a lease still in effect, that statute doesn't apply. Your lease controls what notice should be given, and when, etc.

Thanks, I forgot to add that my lease has been up since 2/2012 and I have been on Month-to-month since then

[observer53]

Well, in that case the "periodic rental date" should be the end/beginning of your rental month, but that "specified in the notice" part does make it sound a little confusing. Since you had a lease, though, your month to month tenancy works with the same rental month period you had under the lease. Your landlord could agree to your position, but they don't have to.

[The_Cadillac_Lawyer]

Originally Posted by observer53

Well, in that case the "periodic rental date" should be the end/beginning of your rental month, but that "specified in the notice" part does make it sound a little confusing. Since you had a lease, though, your month to month tenancy works with the same rental month period you had under the lease. Your landlord could agree to your position, but they don't have to.

So since the lease agreement stipulates that payments are due on the first of each month, does that mean the hold-over-tenancy can only be terminated with thirty days notice ONLY given on the 1st?

[observer53]

Originally Posted by trudawg

So since the lease agreement stipulates that payments are due on the first of each month, does that mean the hold-over-tenancy can only be terminated with thirty days notice ONLY given on the 1st?

That's the position your landlord is taking. I can't give you legal advice for that, (this forum is not the best place for that) you may find some websites with the answer to your question, (try this one, he MAY answer your question on the phone -- http://www.keytlaw.com/az/realestate...ord_tenant.htm ) or a tenants association or some other group to contact.

[The_Cadillac_Lawyer]

Originally Posted by observer53

That's the position your landlord is taking. I can't give you legal advice for that, (this forum is not the best place for that) you may find some websites with the answer to your question, (try this one, he MAY answer your question on the phone -- Arizona Landlord and Tenant Act ) or a tenants association or some other group to contact.

Thanks. As a 2L law student myself, I was surprised to find no clear answer on the matter. I'll probably just pay it, but as a matter of principle I wanted to have the facts straight before I responded.

[observer53]

Originally Posted by trudawg

Thanks. As a 2L law student myself, I was surprised to find no clear answer on the matter. I'll probably just pay it, but as a matter of principle I wanted to have the facts straight before I responded.

There may BE a clear answer, but this forum is not the best place to find it. And, for sure, as you continue your legal career you will no longer be surprised when there is not a clear answer to a legal question.

[The_Cadillac_Lawyer]

You're definitely right about that! It "Depends" is usually the best answer!

[S. Chris Webb]

"i heard from other landlords that you can give your 30 days notice at any time, like mid-month, and then your rent is pro-rated for the next month."

On month to month, unless you have agreed or your lease says otherwise, you would need to provide notice on or before your rental due date. If rent is due on the first of the month and you were to give notice today, June 11th, the notice would be to terminate lease at end of July. However, you need to review your lease agreement to see if you and the landlord have agreed otherwise such as "30 day notice may be given at anytime to be effective 30 days from date of notice."

This is not intended to be taken as legal advice. I am not an attorney.