Arizona rentals and PROPER NOTICE- Frequently asked questions

By
Real Estate Broker/Owner with Leslie Prest, Prest Realty, Sales and Rentals in Payson, AZ

Since we manage many rentals, we find that this comes up all the time. What constitutes "proper notice"? People have gotten the idea of 30 DAYS. They figure that if they give 30 days, they are OK. But in Arizona, that is NOT the law.

If you rent, if you manage rentals, if you are dealing with any clients who rent, please educate them- you may save them money, trouble, or a court appearance.

 The law in our state says give notice at least 30 days from the periodic rent date. What's the periodic rent date? The day your rent is due! So, if your rent is due on the 1st of each month, that means you give notice by the 1st to be out at the end of that month. That notice needs to be in writing. And unless your contract states other wise, you must pay that last month.

But you've got a security deposit? That is NOT the same as a last month's rent. Very few of our Owners are willing to let Tenants use the deposit as a last month's rent (and we recommend against it). Why? Because if the deposit is used up and the property is not left clean and undamaged there is not enough money left to pay for cleaning/repairs.

We explain proper notice to our Tenants when we sign a lease with them. And they smile and nod. But sometimes they just don't hear us. People have a tendency to "hear what they want to hear".
We also give our Tenants a copy of the AZ Landlord and Tenant Act. It is available on the internet, and we provide a link from our website on the available rentals page.

If you rent in some other state we highly recommend that you check out the laws in that state.

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Leslie Prest, Prest Realty                                      Find us with Payson info on Facebook and Twitter
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We've been in Payson for 20 years, and         
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http://www.PrestRealty.com
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Rainmaker
1,263,596
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

Leslie - Great clarification of a crucial issue.   Most rental "holdings" are the same way unless the lease says otherwise - notice must be given BEFORE the next pay date and knowing this is imperative for landlords and property managers.  Most attorneys do not KNOW that the notice must be dated and given before the NEXT pay period...

Nov 16, 2009 07:57 AM #1
Rainmaker
335,293
Leslie Prest
Leslie Prest, Prest Realty, Sales and Rentals in Payson, AZ - Payson, AZ
Owner, Assoc. Broker, Prest Realty, Payson,

Wallace- we find too that attorneys here don't know this.

Nov 17, 2009 03:35 AM #2
Rainer
234,563
Diane Rice
Rice Prprty Mgmnt & Rlty, LLC, South Holland, IL - Lansing, IL
SFR, SRES, CNC

Leslie, the laws in your State operate like our month-to-month & no leases.. in BOTH of these cases, the tenant does not have the privilege of living beyond a month IF notice is served.  In our annual leases, a FIVE day notice is given when tenants go beyond their typical 5 day grace period after the first of the month.

Nov 17, 2009 06:36 AM #3
Rainmaker
335,293
Leslie Prest
Leslie Prest, Prest Realty, Sales and Rentals in Payson, AZ - Payson, AZ
Owner, Assoc. Broker, Prest Realty, Payson,

Diane- the 30 day before the periodic rent date thing IS for the month-to-month lease. But even on a term lease it is hard written into our lease (we use the AZ Assoc. of REALTORS one) that they are SUPPOSED to give notice of their intention to renew or leave 30 days prior to the ending date of the lease. It is VERY common that they don't do that, and that when we contact them they just let the lease roll over into mo to mo.

Nov 18, 2009 03:06 AM #4
Rainer
518
Brian Lang
Independent (Lang&Associates) - Pacific Beach, CA

What are some real cheap rentals going for in your area currently?

Jan 02, 2011 03:22 PM #5
Rainmaker
335,293
Leslie Prest
Leslie Prest, Prest Realty, Sales and Rentals in Payson, AZ - Payson, AZ
Owner, Assoc. Broker, Prest Realty, Payson,

Hi, Brian. We have apts form $450, single-wide mobiles from $500, occasionally a small, older site-built house in the $600-$650 range- on up to $1500 and $1800. Lots in between.

Jan 03, 2011 11:03 AM #6
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Rainmaker
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Leslie Prest

Owner, Assoc. Broker, Prest Realty, Payson,
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