We have some tenants who are under 1 year rental agreement. If they decide to leave and not renew the agreement, it's my understanding that they are not required to let us know in written or verbal form, it's simply assumed that if landlords are not notified, the rental agreement is not going to get renewed.
What if they do decide to renew? Is there any set period (say 30 days) to notify the landlord of the desire to renew the agreement? Or can they wait till the last hour of the lease and renew then? That would be a bit inflexible for the landlord to plan ahead. I found an article that states the law when it comes to month-to-month leases, but nothing about long term renewals.
If no time frame is established in the rental agreement, the agreement becomes a month-to-month agreement. A.R.S. § 33-1314(D). To terminate a month-to-month rental agreement, a landlord or a tenant must give 30 days notice in writing before the next rent payment would normally fall due. A.R.S. § 33-1375(B).
2007-05-20 07:08:38 · 3 answers · asked by petr1029 1 in Business & Finance ➔ Renting & Real Estate
I will structure the contract in more profound way the next time. But for the time being if I sent them a letter asking them to notify me of their renewal at least 30 days before the expiry of our current lease, can they argue that I am not allowed to ask such a thing, becase AZ law XYZ states something else?
2007-05-20 07:38:14 · update #1
You will have to look at the rental agreement that was actually signed. It should contain wording for extending the lease, and or terminating the lease. The existing should describe if it goes to a month-to-month or not.
Something else you could do is ask them. If nothing is in the lease, you could send a registered letter asking if they are going to stay. Also put a stipulation that they must respond at least 30 days prior to the end of the lease.
Next time include this in the lease agreement.
2007-05-20 07:18:35 · answer #1 · answered by ttpawpaw 7 · 0⤊ 0⤋
Is the tenant already living in the residence? Has the old rental agreement expired? Was there a clause in the original agreement that stated the tenant would be required to sign subsequent agreements? If not, then the tenant is not required to sign, and a month to month tenancy is now in effect. Either party can give a 30 day notice to vacate. If the tenant has never signed an agreement, then why are they in residence? As long as there is no lease agreement, go ahead and give the 30 day notice.
2016-05-22 01:44:06 · answer #2 · answered by Anonymous · 0⤊ 0⤋
the rental agreement should have a provision for renewal and the time frame required to renew, if not since it is a fixed contract terms when the contract ends no further notice is required but under state statute it will say once a year lease ends and the tenant stays and landlord does not object it Will become month to month with same terms
2007-05-20 07:23:31 · answer #3 · answered by goz1111 7 · 0⤊ 0⤋