questions & answers

Question: In my lease it states I have to provide 30 days written notice (email will comply). My landlord told me I have to give notice for the full rent cycle and is trying to tell me we are obligated to pay another full moths rent. Do I have to give 30 days notice, or a full rent cycle notice? My intention is to move after the 1st of the next month but prior to month ending. Can I do so and provide a pro-rated amount of rent to my landlord or do I have to be out by the 1st?

Answer: Unless your rental agreement expressly says otherwise, the 30 days notice requirement means that notice must be provided at least one month before the beginning of the next rent period (or “periodic rental date”). This is designed to ensure that the landlord will be able to re-rent the dwelling, which is much more difficult to do on dates other than the 1st of a month. The Arizona Residential Landlord and Tenant Act (A.R.S. 33-1375) describes the rule as follows: “The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.”