Eviction

questions & answers

Question: I have resided in the same rental property for over a year. I was told I was renewed for another year. 3 months into the second year the landlord (owner/realtor) told me I have to buy the house or move. He wants twice what it is worth or I have to move. I know this is not legal as a tenant but does this also violate real estate laws? I would very much like to report him to proper authorities but to whom would I report such a thing?

Answer: This is for informational purposes only, you may want to consult an attorney for legal advice. Under A.R.S. 33-342. Effect of lessee holding over: When a lessee holds over and retains possession after expiration of the term of the lease without express contract with the owner, the holding over shall not operate to renew the lease for the term of the former lease, but thereafter the tenancy is from month to month. Because you did not sign a new lease, your verbal agreement with the landlord created a month-to-month tenancy. Under A.R.S. 33-341. Termination of tenancies: 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. The outrageous price might fall under unconscionability. Under A.R.S. 33-1312. Unconscionability: A. If the court, as a matter of law, finds either of the following: 1. A rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result. This means that if the landlord wants to sell the house, he may do so at whatever price he sees fit. But if he says you must buy the house as part of a verbal lease agreement, and the price is double the market rate, a court may find that agreement unconscionable. I suggest you consult an attorney if you wish to take further action.

Comments:

QUESTIONS

  • I have resided in the same rental property for over a year. I was told I was renewed for another year. 3 months into the second year the landlord (owner/realtor) told me I have to buy the house or move. He wants twice what it is worth or I have to move. I know this is not legal as a tenant but does this also violate real estate laws? I would very much like to report him to proper authorities but to whom would I report such a thing?

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

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  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
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    866-553-0893
  • Certified Legal Document Preparer Program
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