Looking for form to terminate month to month tenancy (subletting, apartment)

[Leonz75]

I live in an apartment with one roommate. He has always been late with his half of the bills (beer and video games) and has nearly gotten us evicted more than once.

It has been two weeks since the last time I saw him (his xbox and laptop are gone). I've tried to text and call him, but he hasn't replied. Because of this I've had to pay for rent and a couple of other bills on my own.

He is NOT on the lease. He has been giving me cash every month for his half of rent/bills.

I am now looking for a new roommate to take his place. I understand that I need to give him a 30 day notice, but since I cant get in contact with him, how will this work?

I've found sites online that offer the form I'm looking for, but all of them require a paid membership in order to save/view or in any way use the document.

Any tips?

[fennec2009]

He does not sound like the type of person who would even know you are required to give him a 30 day notice, or would fight it in court if you do. However, you must give him the notice either by certified mail or personal delivery. Even if he never receives it, if you have made a good-faith effort to get the notice to him that will be considered enough.

But! You said you had to pay the rent on your own. Because he is essentially subletting, even though you likely have no written agreement, you would be considered a 'landlord' and this is from the AZ Landlord and Tenant Act

B. A lease from month to month may be terminated by the landlord giving at least ten days notice thereof. In case of nonpayment of rent notice is not required.
C. A tenant from month to month shall give ten days notice, and a tenant on a semimonthly basis shall give five days notice, of his intention to terminate possession of the premises. Failure to give the notice renders the tenant liable for the rent for the ensuing ten days.


You can go after him for 1/3 of his rent (for the ten days), but the kid sounds like a loser with no money so it's probably not even worth it.

Oh and even though he gave you no notice, you might need to hold any remaining personal belongings for a few weeks until you can dispose of them. I'm not sure about that part of the law though, my roommates have never done that type of thing to me :P

[Leonz75]

Thanks for the help. What would be the best way to give him the notice since I haven't seen or heard from him? I don't know his parent's address or phone numbers. Is it possible to leave it at his work?

[Zippyman]

If you've got a work number, the nice thing to do would be to leave a message. I'd keep a note of who you told & when for your own records.

In the case of a tenant who skips town without leaving a forwarding address, the generally accepted practice is to send a certified letter, return receipt requested to the tenant's last known address. (in this case, your house).. If the tenant has filed a change-of-address form with the post office, you'll get the receipt back. If they haven't filed a change of address, you'll get your letter back (it might take a month).. If your letter comes back, leave it sealed & toss it in your file. If you get sued later for "not notifying" the tenant, give the sealed letter to the judge & let the judge open it in court. You aren't expected to be an expert skip-tracer, just use reasonable care in giving notice.

I'd send the letter even if you're able to talk to the tenant by phone- if it isn't in writing, legally it never happened.