Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Does an email exchange between landlord and tenant constitute an agreement to extend a lease or does there have to be a new lease signed for the additional time to be valid, or if no new lease then is it considered month to month?

Answer: The answer to this sort of question always depends on the details. If the parties actually arrived at an agreement, then a new formal document may not be necessary. However, in order for any agreement to be legally binding, it must clearly identify the terms of the agreement as well as the benefit that each party is intended to receive (what the law calls “consideration”). If no agreement was reached, then the original terms will continue on a month-to-month basis until one of the parties provides the other with 30 days’ notice of their intention to terminate the agreement (A.R.S. 33-1375).

QUESTIONS

  • Does an email exchange between landlord and tenant constitute an agreement to extend a lease or does there have to be a new lease signed for the additional time to be valid, or if no new lease then is it considered month to month?

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