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What are my options if a tenant claims verbal notice for lease termination?

What are my options if a tenant claims verbal notice for lease termination?

Q: How do you calculate 30 days notice?

To calculate 30 days' notice, start counting from the day the notice is delivered to the other party. If the notice is given on February 1, the 30-day notice period ends on March 2. Ensure that the notice is received by the other party to be valid. Always check the lease terms for any specific requirements.

Q: Does a 30-day notice have to be on the first?

No, a 30-day notice does not have to be given on the first of the month. It can be given at any time, as long as the notice period extends for a full 30 days. Just ensure that the recipient receives the notice and that it complies with any specific lease requirements.

Full question:

Year to Year lease with provision for either party to terminate with a 30 day written notice. I have a tenant who claims she gave a verbal notice on 2/8. She sent me an email today stating she will be out on 3/14. I replied she has to give 30day written notice and i consider this email the 30 day notice and 3/25 is the termination date. She emailed she is only paying till 3/14 and to take her to court if need be. What are my options? do I accept the partial? do I not and send an email to this nature? If they leave prior to 3/25 and do not pay in full what is my next step?

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: Arizona

Answer:

The termination of a year-to-year lease that requires a 30-day written notice is governed by contract law. If the lease specifies that notice must be in writing, a verbal notice is not valid. However, if you accept rent payments after the tenant's notice, you might be seen as waiving the written notice requirement.

If the tenant does not fulfill the lease terms, they may be liable for breach of contract. This occurs when one party fails to meet their obligations, resulting in potential financial harm to the other party. Remedies for breach of contract typically include monetary damages, restitution, or other forms of compensation to restore the injured party's position.

According to Arizona law (A.R.S. § 33-341), a year-to-year tenancy terminates at the end of the lease unless written permission is given to extend it. If the tenant does not provide the required 30-day written notice, they are responsible for rent until the end of that notice period.

If the tenant leaves before the termination date and does not pay the full rent, you may pursue legal action for breach of contract to recover the unpaid rent.

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.

FAQs

What is an example of a written notice to terminate a lease?

A written notice to terminate a lease should include the date, the tenant's name, the landlord's name, the property address, and a clear statement of intent to terminate the lease. For example: 'Dear [Landlord's Name], I, [Tenant's Name], am providing this written notice to terminate my lease at [Property Address] effective [Termination Date]. Thank you.' Make sure to sign and date the notice.

Is a notice of termination of tenancy the same as an eviction?

No, a notice of termination of tenancy is not the same as an eviction. A notice of termination informs the tenant that the lease will end, while an eviction is a legal process to remove a tenant from the property due to non-compliance with lease terms. Eviction typically follows when a tenant fails to vacate after receiving a termination notice.

What is the termination of lease provision?

The termination of lease provision outlines the conditions under which a lease can be ended by either party. This typically includes the required notice period, which must be given in writing, and any specific circumstances that allow for early termination. It ensures both parties understand their rights and obligations regarding ending the lease.

How do you calculate 30 days notice?

How does giving 30 days notice work?

Giving 30 days' notice means informing the other party of your intent to terminate the lease at least 30 days before the desired end date. This notice must be in writing and delivered according to the lease agreement. The lease will officially end on the date specified, provided the notice is valid and complies with the lease terms.