questions & answers

Question: I own a mobile home and rent out the space. I had come to an oral agreement with a family member for him to rent out one of the rooms within my mobile home because he was going through a hard time in 2016. Recently, he has gotten out of control (Alcohol & Drug abuse) and I fear for my safety and want him out. Can I call law enforcement to remove him after the 30 Day Notice has expire? What is the proper way to provide a 30 Day Notice? Does this document need to be notarized and mailed? or can I just post it on his door? I want to do things right and get this over with. Please help!

Answer: Under Arizona law, a month-to-month rental agreement may be terminated by the landlord with 30 days written notice delivered to the tenant in any manner “reasonably calculated to inform” the tenant, and the tenant is considered to have received that 30-day notice if the tenant “has actual knowledge of it, has received a notice or notification of it, or from all the facts and circumstances known to him at the time in question he has reason to know that it exists” (A.R.S. 33-1313). In other words, the notice may be posted on the door or hand-delivered or even sent by email, so long as the landlord has no reason to believe that the tenant may not receive it. Regardless of how the landlord delivers the notice, the landlord should always retain a copy and ideally either obtain a receipt or have a witness present.