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msmorgan69 · Oct 16, 2011, 10:58 AM

Hello,

I moved in with my current roommate(we are in Phoenix, AZ) because her husband died and she is unemployed and needed help. I spoke to the landlord and got his permission. My roommate was supposed to look for a job which has not happened. I have been paying everything for the last 3 months. The lease that my roommate and her husband were on expired and is a month to month. I went to the landlord and informed him about her not working and he agreed that he will issue a new lease to me only especially since she is unemployed. If he does this for this coming up month(nov) and since its Oct. 16th will she then have to move by Nov 1st? I know normally they have to give a 30 day notice before terminating the lease unless the person did something to violate/breach the lease agreement. And if there is a breach only 10 days needs to be given. Is her husband dying a breach since the occupants listed on the application are no longer living there? Is her not having income now a breach since on the application they reported there was a certain amount of income? I desperatley need her out of here because I also work from home and her drunk fits of rage are effecting not only my home life but my work life now.

Fr_Chuck · Oct 16, 2011, 11:22 AM

No there is no breech of any agreement, and they are now on a month to month, And no, just giving you a new lease will not mean they have to move out, You will after the lease is in your name give them an eviction notice. If the current landlord wants to evict them before they give you a new lease that may be their option.

So let me see, you moved in with them, and now you want to throw them out on the street?

ScottGem · Oct 16, 2011, 11:37 AM

Since the lease expired and went to month to month there is no breach of the lease from the leaseholder. The death of the husband the loss of job are all unforeseen occurrences that have zero affect on the lease.

The landlord deciding to give you a new lease in your name only does not affect her residency. She has to be given one calendar month's notice. So she has to be given notice prior to 11/1 with a vacate date of 12/1. If you sign the lease prior to 11/1, then the responsibility to terminate becomes yours. Otherwise it's the landlords, but the landlord can act after the lease is signed as well.

msmorgan69 · Oct 17, 2011, 02:27 PM

Originally Posted by Fr_Chuck

no there is no breech of any agreement, and they are now on a month to month, And no, just giving you a new lease will not mean they have to move out, You will after the lease is in your name give them an eviction notice. If the current landlord wants to evict them before they give you a new lease that may be their option.

So let me see, you moved in with them, and now you want to throw them out on the street ??

I have an update... the landlord had us fill out a new application for the new lease. Since she has no income, he was going to deny her. Well she plain out refused to fill it out so I am going to be on the lease only which is fine with me. I was reading the Arizona tenant landlord act that states when a tenant is on month to month and the landlord wants to terminate the lease, that only a 10 day notice is needed not the 30 day. Is this true? He is going to serve her notice tomorrow. If it has to be 30 days then that means I have will have to evict her?

ScottGem · Oct 17, 2011, 04:16 PM

I don't know what you read but this site:
Arizona Termination of Lease for a Periodic Tenancy Law - Lease - Landlord Tenant

Is clear. For a month to month its not 30 days but a calendar month. In other words 30 days prior to the end of the rental period.

msmorgan69 · Oct 17, 2011, 04:35 PM

Originally Posted by ScottGem

I don't know what you read but this site:
Arizona Termination of Lease for a Periodic Tenancy Law - Lease - Landlord Tenant

is clear. For a month to month its not 30 days but a calendar month. In other words 30 days prior to the end of the rental period.

What I read was in the Arizona tenant landlord act. This is what it said.

Lease by the landlord or a person claiming under him.
ARTICLE 3. TERMI)ATIO) OF TE)A)CIES
§ 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

ScottGem · Oct 17, 2011, 05:01 PM

You're right I'm wrong. 341 is applicable in your situation not 1375.

msmorgan69 · Oct 17, 2011, 05:02 PM

Originally Posted by ScottGem

You're right I'm wrong. 341 is applicable in your situation not 1375.

I am just curious as to what the difference was between the two? Why is one 30 days and one is 10?

msmorgan69 · Oct 17, 2011, 05:03 PM

Originally Posted by ScottGem

You're right I'm wrong. 341 is applicable in your situation not 1375.

Also I wanted to ask, once I sign the new lease that goes into effect in nov. would I be the one who has to now file the eviction etc or still the landlord?

ScottGem · Oct 17, 2011, 05:08 PM

1375 is used to determine the penalties a landlord can collect if a tenant does not vacate. 341 just refers to termination of a tenancy.

But in re-reading a question is raised. The lease that's expiring was that for one year? If so, the 30 days do apply but if it has already expired and reverted to a month to month than the 10 days apply.

msmorgan69 · Oct 17, 2011, 05:17 PM

Yes it expired months ago and they were on a month to month. So the 10 days would apply. What happens if she refuses to leave? Do I have to evict her or the landlord? Would I be allowed to change the locks since its now in my name? And she is an alcoholic and has fits of rage and breaks things. I work from home so it interfere with my work too. If I got an injuction of harrassment(since I cannot get a protective order since we are not in a relationship) would she be allowed to come back?

ScottGem · Oct 17, 2011, 05:18 PM

If the landlord give her written notice, then the landlord proceeds with the eviction. No you would not be allowed to change the locks, unless you give her a key. Nof can you change the locks without the landlord's permission.

However, if you can get a retraining order against her, them you could keep her away. Though you would have to make an arrangement so she can get her things.

msmorgan69 · Oct 17, 2011, 05:18 PM

Originally Posted by ScottGem

1375 is used to determine the penalties a landlord can collect if a tenant does not vacate. 341 just refers to termination of a tenancy.

But in re-reading a question is raised. The lease that's expiring was that for one year? If so, the 30 days do apply but if it has already expired and reverted to a month to month than the 10 days apply.

Yes it expired months ago and they were on a month to month. So the 10 days would apply. What happens if she refuses to leave? Do I have to evict her or the landlord? Would I be allowed to change the locks since its now in my name? And she is an alcoholic and has fits of rage and breaks things. I work from home so it interfere with my work too. If I got an injuction of harrassment(since I cannot get a protective order since we are not in a relationship) would she be allowed to come back?

Sorry for the double post my computer froze and I didn't know it was submitted