With a 30-day written notice, month-to-month leases can be terminated by either the landlord or tenant.
In the absence of a written lease agreement–or if a written lease expired–the tenants have month-to-month lease. Per A.R.S. § 33-1375(B) a landlord or tenant can terminate the month-to-month lease with a 30-day written notice.
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.
A.R.S. 33-1375(B)
how to calculate the 30 days
It can be somewhat confusing as to when the 30 days starts running. It would be logical if the 30 days started from the time it was mailed or the time it was received. However, the 30 days start at the beginning of the next billing cycle–usually the first of the month.
For example, if rent is due on the 1st of the month, the tenants have until the end of the month to vacate the property. So, if a landlord sends the 30-day notice on the 5th of August. The tenants can stay until September 30th! Make sure you factor this unusual system of counting into your plans. Lastly, make sure the 30-day notice is sent via certified mail!
Furthermore, a tenant who does not vacate by the end of the 30 days may be liable to the landlord for additional damages. A.R.S. § 33-1375(C) states:
“If the tenant remains in possession [of the property] without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant’s holdover is willful and not in good faith the landlord, in addition, may recover an amount equal to not more than two months’ periodic rent or twice the actual damages sustained by the landlord, whichever is greater.”
A.R.S. 33-1375(C)
So, an Arizona tenant who do not leave by the end of the 30th day face the risk of having additional fees added onto the judgment obtained by the landlord. If you are an Arizona landlord and need help, then contact the Dunaway Law Group by phone at 480-389-6529 or message us HERE.
