Landlord and Tenant Rights and Responsibilities

questions & answers

Question: All of my move out discussions have been verbal, with a start date of Saturday 2/11. Are the written letters absolutely required to pursue violated law by the landlord?

Answer: Generally, the Arizona Landlord/Tenant Act requires that communications related to violations and termination of rental be in writing.  If you are leaving because you believe the landlord has violated his requirement to maintain the premises in a fit and habitable condition (A.R.S. Section 33-1324), then you are required to notify the landlord of the violation in writing and serve him with the notice either by hand delivery or by certified mail with return receipt.  The notice must inform the landlord that he has 10 days to remedy the situation or you will terminate the lease and move out (33-1361).  If the landlord has failed to provide an essential service like heat, air conditioning, or water, you can give 5 days notice  (33-1364).  If you are simply moving out at the end of your rental term, the rules are different.  If you are leaving at the end of a one year lease, verbal notice is okay.  However, if it is week to week or month to month, the rule is different.  A.R.S. Section 33-1375 requires a tenant on a week to week tenancy to give 10 days written notice before moving out.  If it is a month to month tenancy, 30 days written notice is required.  It is important to read your rental agreement if  you have a written agreement.  The agreement may specify the type of notice required when moving out.