questions & answers

Question: The rental agreement is month to month with a 30 day notice for either party. The renter paid rent Nov 1. On Nov 16, renter said the house was full of old cigarette smoke and couldn't live there so she gave 30 day notice. On Nov 23, she was gone along with all of her possessions leaving the room completely empty but she had paid up until November 30 and did not return the keys. She did not pay for Dec and I have damage deposit. Can I rent the room starting Dec 1 without repercussions from the renter.

Answer: Given that your rental agreement with the tenant was a month-to-month agreement, the tenant’s 30-day notice on 11/16 technically stated her intention to vacate the premises by no later than 12/31. Of course, the fact that the tenant left the premises on 11/23 and took all her belongings with her obviously strongly suggests that she intends to abandon it. However, under the Arizona Residential Landlord and Tenant Act, “abandonment” formally only occurs after the tenant has failed to pay rent for 5 days after leaving the premises and taking her personal property with her (A.R.S. 33-1370(H)). What this means is that, technically, the tenant will not have abandoned the premises until 12/06, at which time the landlord is required to give the tenant 5 days written notice of the landlord’s intention to repossess and re-rent the premises (A.R.S. 33-1370(A,B)). If you can reach the tenant and she agrees in writing that she has abandoned the premises and does not intend to return or pay rent for December, then the rental agreement may be terminated immediately. As for the tenant’s deposit, if it is a refundable security deposit, you may only keep any balance reflecting any actual damages incurred by you and caused by the tenant’s failure to pay rent for December (A.R.S. 33-1321), so if you do re-rent the premises for 12/01 (or fail to make a genuine effort to do so), you will owe the tenant the entire deposit (less any other damages). Under Arizona law, deposits are meant to cover actual losses; they cannot be withheld for punitive reasons.