questions & answers

Question: I'm at the end of a two year lease. The landlord has a 20% rent increase if we don't do a new lease. Does he need to send us a written notice 30 days in advance that he intends to increase our rent 20% and the total amount that would make our new rent payment be? So far he has excepted the regular payment for two months passed the lease end date and now we just gave about a 50 day notice that we intend to move out.

Answer: This is for informational purposes only, you may want to consult an attorney for legal advice. In Arizona, a landlord is not bound to a percentage limit when raising rent when a lease has run. There are exceptions for rent controlled housing and things of that nature, but generally a landlord is not bound to any percentage and may increase rent as much as he wants so long as he gives proper notice or the lease has come to an end and the increase can be considered a negotiation of a new lease. Under A.R.S. 33-1371. Acceptance of partial payments: B. Except as specified in subsection A of this section, acceptance of rent, or any portion thereof, with knowledge of a default by tenant or acceptance of performance by the tenant that varied from the terms of the rental agreement or rules or regulations subsequently adopted by the landlord constitutes a waiver of the right to terminate the rental agreement for that breach.