Full question:
I'm on a month-to-month rental which began on June 1, 2008. My agreement requires 30 day notice of cancellation. Can I send notification on any other day or must the 30 day period begin only on the first of a month?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Arizona
Answer:
The terms of the contract will govern the calculation of the days. It will depend on the specific language used. For instance, if it says 30 business days, it is calculated differently than 30 calendar days. Typically, if a lease term merely states that 30 days' notice is required, it means 30 days before the rent is due for the next period. Therefore, the answer will depend on whether your rent is due on the same date (the 1st) as the lease period began. It may be that a person occupies a premises on the first but the rent isn't due until the 15th, etc. If it says "at least" thirty days' notice is required it may be given even earlier, such as 45 days prior to moving out.
A tenant who is unable to define the time period referred to in a lease may write a letter requesting clarification of the matter from the landlord, preferably in a writing. A tenant may also write a letter to the landlord indicating the tenant's understanding of the time required for notice, including a statement that a lack of confirmation or notice to the contrary will be deemed to indicate that the tenat's understanding is correct.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
