Landlord and Tenant Rights and Responsibilities

questions & answers

Question: If I text and tell my landlord that I'm moving out on a certain day and don't even though my lease Isent up until Sept. Could she take me to court and have me removed because of the text or is the text hearsay

Answer: The text definitely is hearsay as it's an out-of-court statement, but that's not the issue here. Your text doesn't likely qualify as proper notice under the applicable statutes. I always recommend that people review the Arizona Residential Landlord Tenant Act found here: https://housing.az.gov/sites/default/files/documents/files/AZ%20Residential%20Landlord%20and%20Tenant%20Act%20-%20Revised%20July%203%202015.pdf In order to give notice under a lease, whether of a problem, of you moving out, etc., you must do so in writing. Traditionally, this means a letter that is actually delivered to the other party. See A.R.S. 33-1313 and your lease (your lease should have specific information about what constitutes proper notice). A text is not usually going to cut it. Either way, if your lease isn't up until September, if you don't have a legal basis to terminate it earlier, your landlord could have pursued you after you moved out for the balance of the months under the lease. The short answer is that your notice probably was not valid, you cannot leave, and your landlord cannot likely evict you based on that notice. Please note that I am providing general information and guidance based on the limited information available to me. I am not able to provide legal advice, and no attorney-client relationship is hereby created. I wish you the best going forward.