 Move out notice (by gary [AZ]) Nov 29, 2008 3:30 PM
 Move out notice (by MrRational [MD]) Nov 29, 2008 3:58 PM
Move out notice (by JR [MI]) Nov 29, 2008 5:33 PM
Move out notice (by Terry [CA]) Nov 29, 2008 7:04 PM
Move out notice (by gary [AZ]) Nov 30, 2008 10:49 AM
Move out notice (by gary [AZ]) Posted on: Nov 29, 2008 3:30 PM
Message:
State Specific Question About: ARIZONA (AZ)
Just a quick question for any LL's in AZ that are familiar with the move out notice. My tennant told me on the 28th she was moving next week. I thought she had to give 30 days notice, but now im reading online that its 10 days, is this correct? She still only gave me 2 or 3 days max if she leaves right on the 1st and she said I should keep the deposit for Dec...I told her that was not what the dep. was for and that I expected rent paid for december since I wasnt given full notice. Im sure she will not pay on the 1st so I guess Ill serve the 5 day..
Any advice? --68.2.xxx.xx |
Move out notice (by MrRational [MD]) Posted on: Nov 29, 2008 3:58 PM
Message:
Absent a lease, notice in tenancies is usually the term or frequency of payment -- usually monthly (30 days) but can be weekly if that is when they pay.
If tenancy is under a (legal) lease... notice is what the lease says.
In either case you are probably in as a good a situation as you're going to get (assuming the unit isn't trashed). Get the keys, get it clean/fixed, get it rented again and move on. --96.244.xx.xxx |
Move out notice (by JR [MI]) Posted on: Nov 29, 2008 5:33 PM
Message:
Keep the SD for breaking the lease and sue for Dec rent. --4.252.xx.xx |
Move out notice (by Terry [CA]) Posted on: Nov 29, 2008 7:04 PM
Message:
No it is not correct unless your tenant is a WEEK TO WEEK renter:
§ 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.
They leave when they leave. You try to re-rent ASAP and then deduct from SD the rent not made up through the required notice period until re-rented. Most likely the full month of December. You will need to sue for the difference especially if damages are present as well.
If you serve a five day but they leave or have left, possession is not an issue so that's not the proper route to take at that point. It can be effective to get them to pay the rent they don't think they owe and not use the SD though. --207.200.xxx.xx |
Move out notice (by gary [AZ]) Posted on: Nov 30, 2008 10:49 AM
Message:
Thanks for the reply! My lease does say 30 days. Im sure she's going to leave, but if she doesnt pay on Dec 1st, the 2nd Ill leave the 5 day. Im trying to get refi and the appraiser needs to get in and she's being very difficult. The appraiser is supposed to be there today at noon, but im sure she will be gone or not answer the door. Not sure what to do about that. --68.2.xxx.xx |
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