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:
- State: Arizona
Answer:
The termination of a year-to-year lease that provides for a 30 day written notice for early termination will be governed by contract law principles. The lease terms may specify where the form of the notice and manner of delivery, such as an address to be mailed by first class mail. An oral notice would not be effective if written notice is required. However, a landlord may be found to have waived the notice requirement by accepting rent payment.
A tenant who breaches the terms of the lease may be liable for a breach of contract. An unjustifiable failure to perform all or some part of a contractual duty is a breach of contract. A legal action for breach of contract arises when at least one party's performance does not live up to the terms of the contract and causes the other party to suffer economic damage or other types of measurable injury. A lawsuit for breach of contract is a civil action and the remedies awarded are designed to place the injured party in the position they would be in if not for the breach. Remedies for contractual breaches are not designed to punish the breaching party. The five basic remedies for breach of contract include the following: money damages, restitution, rescission, reformation, and specific performance. A money damage award includes a sum of money that is given as compensation for financial losses caused by a breach of contract. Parties injured by a breach are entitled to the benefit of the bargain they entered, or the net gain that would have accrued but for the breach. The type of breach governs the extent of damages that may be recovered.
Restitution is a remedy designed to restore the injured party to the position occupied prior to the formation of the contract. Parties seeking restitution may not request to be compensated for lost profits or other earnings caused by a breach. Instead, restitution aims at returning to the plaintiff any money or property given to the defendant under the contract.
The following is an Arizona statute:
33-341. Termination of tenancies
A. A tenancy from year to year terminates at the end of each year unless
written permission is given to remain for a longer period. The permission
shall specify the time the tenant may remain, and upon termination of such
time the tenancy expires.
B. A lease from month to month may be terminated by the landlord giving
at least ten days notice thereof. In case of nonpayment of rent notice is
not required.
C. A tenant from month to month shall give ten days notice, and a tenant
on a semimonthly basis shall give five days notice, of his intention to
terminate possession of the premises. Failure to give the notice renders
the tenant liable for the rent for the ensuing ten days.
D. When a tenancy is for a certain period under verbal or written
agreement, and the time expires, the tenant shall surrender possession.
Notice to quit or demand of possession is not then necessary.
E. A tenant who holds possession of property against the will of the
landlord, except as provided in this section, shall not be considered a
tenant at sufferance or at will.
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.
