questions & answers

Question: I rented a room in my home to a school teacher that was being evicted from her house, I felt sorry for her and wanted to help her out. I only wanted a month to month lease but decided to give her a 2 1/2 month lease the lease states that the term of the lease will terminate on Nov.30, 2016. In the addition terms it states if the landlord and tenant agree to renew the agreement that it would be a month to month rental. One week into our agreement I told her I would not be renewing our lease after it expire, She is refusing to leave and said I didn't give her 30 day notice. What can I do ?

Answer: The written terms of a rental agreement generally determine what the rights and responsibilities of the landlord and the tenant are (A.R.S. 33-1314). The pertinent question in this case is whether the lease is a fixed-term lease or a periodic lease. If the lease explicitly states that the tenancy will expire (unless both parties agree to renew it) on 11/30/16, then it is a fixed-term lease, which means that notice is not required and the tenant should vacate at the end of the month. If, however, the lease does not specify this, and the tenant has been paying rent on the first of each month, then a court might determine that it is a periodic (month-to-month) lease, which means that 30 days notice is required, even if that was never the landlord’s intention. A landlord in your situation might consider delivering to the tenant a letter, along with a highlighted copy of the relevant part(s) of the rental agreement, reminding the tenant of the terms of the tenancy arrangement and stating the landlord’s intention to exercise the landlord’s legal rights upon the termination of the lease on 11/30/16.