Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I bought a house and renting my smaller house. I am retired now and need to sell my bigger house. Can I terminate the renters lease so I can move back into my smaller house that I can afford?

Answer: The answer is it depends. Do you have a long-term lease with the tenant? If so, you do not have a right to terminate it until it ends unless the tenant is violating the lease in which case you would be required to provide notice and an opportunity to cure pursuant to A.R.S. 33-1368 (see link below to complete act). If the tenant is month-to-month (by agreement or because there is no written agreement or the tenant has stayed beyond the initial term of the lease -- month-to-month is the default), you can terminate the lease by providing thirty days written notice. You do not need a reason. This information can be found in A.R.S. 33-1375, which reads: 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. C. If the tenant remains in possession 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. If the landlord consents in writing to the tenant's continued occupancy, section 33-1314, subsection D applies. Please note that I am providing general information based on the limited information available to me. I am unable to provide legal advice, and this information does not create an attorney-client relationship. I wish you the best. You should have access to the Arizona Residential Landlord Tenant Act for this and any future issues. Here's the link: https://housing.az.gov/sites/default/files/documents/files/AZ%20Residential%20Landlord%20and%20Tenant%20Act%20-%20Revised%20July%203%202015.pdf

QUESTIONS

  • I bought a house and renting my smaller house. I am retired now and need to sell my bigger house. Can I terminate the renters lease so I can move back into my smaller house that I can afford?

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