questions & answers

Question: For 2 1/2 years I have rented a house to my son with no rental agreement or lease. I have been lax about late payments. I have come to need to sell the house for financial reasons. He has paid no rent for December and it is now 12/17/18 and I have no idea if he ever will. What needs done to get him out so that I can do repairs and put the house up for sell??

Answer: First, a rental agreement need not be in writing in order to give both the landlord and the tenant a particular set of rights and responsibilities. A verbal month-to-month rental agreement is just as enforceable (by both parties) as any other (A.R.S. 33-1310). Second, when a month-to-month rental agreement exists, either party may terminate the agreement with at least 30 days’ written notice before the beginning of the next rental term (i.e., month) (A.R.S. 33-1375).