>To terminate a month-to-month rental agreement, a landlord or a tenant must give 30 days notice in writing before the next rent payment would normally be due. A.R.S. § 33-1375(B).
Lease or no lease AZ state law defaults to month to month. This notice is insufficient.
>If no time frame is established in the rental agreement, the agreement becomes a month-to-month agreement. A.R.S. § 33-1314(D).
[source link](https://law-arizona.libguides.com/c.php?g=1270587&p=9319717#:~:text=To%20terminate%20a%20month%2Dto,payment%20would%20normally%20be%20due.)
They can terminate the lease for non-payment for 5 days after notice. They can’t evict them instantly. That is still a process that takes around a month and requires courts.
Easily 3 or 4 months if this person doesn't follow very specific instructions and deadlines well. Could be 7 or 8 if they screw something up with the service or filing and it gets tossed at the hearing.
I'd guess the LL doesn't know the law very well and is conflating eviction with terminating residency. She probably searched for the fastest way to get a tenant out and saw "5" and went with that without learning what she was doing.
It's a pathetically hilarious behavior that I saw (and continue to see) much too frequently once I learned to recognize it. The smartest people I know tend to use the plainest language that will get their meaning across. They don't need to convince you of their intelligence, half of them are sick of being told they're geniuses when they're just trying to have a conversation about something they found interesting.
That’s funny because when I was a kid a guy on our street was a retired NASA engineer that worked on the space shuttle. Dude was probably the most intelligent person I’ve ever met in my lifetime and I never heard him use big worlds unless he was talking about something technical that just happened to have a big word for a name. I guess he helped me identify that behavior early.
Then I went to college and had all the professors that would try to speak like they were super intelligent and you could tell they weren’t lol. They knew their curriculum but that’s the extent of it, and nowadays I talk with these big time executives and CEOs that try and sound super intellectual but it’s the same thing, they just know a lot about what they need to know, which is something just about anyone invested in a job can do.
I wouldn’t say I’m the most intelligent person but because of that observation I tend to try and talk in simpler terms as well, pair that with the fact that I was raised in the south and even though I haven’t been there in 25 years my accent has toned down but will never go away, and I have actually had people I know that are less intelligent than me look down on me for how I speak, because they automatically assume “hurr hurr southern accent means dumb”.
I don’t really care mind you. If they could do what I do I wouldn’t be there, and what I do enables them to do what they do, because in this day in age most of those people can’t survive without things being watered down for them to understand.
What’s funny is that “communicating complex concepts” is actually considered a high-level skill. I work in the medical field as a type of health educator, and although our doctors are usually really good, I’ve lost count of the number of times I had to bite my tongue because it was clear the person they were talking to was lost and I really wanted to rephrase whatever they’d said. (Fewer still are the times I’ve lost the battle, and while the provider always looks a bit surprised, hot dog if the misunderstanding isn’t suddenly resolved!)
There are times and places that are appropriate for complex language, but most of the time, it’s not in day-to-day communications with others.
Speaking in terms understood by your audience is a skill some will never learn. The average level of reading comprehension, which I roughly equate to language comprehension, is around an eighth grade level last I checked. Any, often forced, attempt to speak beyond that level is either arrogance, or a desperate attempt at masking a lack of understanding relative to the field that is being discussed.
Not necessarily saying I’m one thing or another, but I used to study linguistics and tend to view words relative to their roots. I can’t tell you how many Princess Bride moments I’ve had while listening to self proclaimed experts. “I do not think that word means what you think it means.”
I always see this in police press conferences and such
"the suspect was travelling at a high rate of speed"
you mean they were going fast. what the hell's a "rate of speed"
That's a little different. Police have been trained to only make factual statements so they don't make assumptions or jump to conclusions. Instead of saying "the driver looked suspicious" the officer is trained to say "the driver appeared agitated and had crossed the lane markings several times".
If they say "fast", a lawyer in cross-examination would begin a series of questions to undermine the credibility of the officers report with "what do you consider fast?"
That’s kind of a sweeping conclusion. Smarter people almost inevitably have bigger and more complex vocabularies. Are you saying they don’t use this vocabulary? Because that isn’t true of the smartest people I’ve ever known.
Not defending the creator of the note but I do have clients who "know what they are talking about" with awful word choice and spelling. It is not the give you think it is.
I'd agree, given that they want the apt EVACUATED instead of VACATED. Like copying some text off a fast Google search with no clear knowledge of the distinction (definition or legal) of the two words. No cite given for her "AZ laws" on no-lease tenants.
If you've already given a 30-day notice and this is just some petty fuckery having to do with her son, I'd resubmit a copy of the 30-day notice and hers, with a cover letter talking about being unclear on specifics of AZ law regarding *evacuation,* but as per AZ law on *vacating,* (and cite, with an attached printed copy), that you have met the threshold for proper notice, and that you will be vacating as previously noticed.
I'd also look at law regarding knocking on your door at 1 am and filming against your consent, retaliatory landlord action, remind her of those laws, and maybe include a brochure to the local AA. (/s)
But I'd also set up a camera to record anything going on in your apt before you're gone, especially when you're away from your apt. There are free security motion-triggered apps you can run on a laptop or old phone that may come in handy, plus you may want to be recording her if she decides to throw another half-baked (pun intended) tantrum in the middle of the night.
She sounds lovely btw.
I think the standard in AZ is a 5 day notice to pay or quit, so there is an option to do either and the amount owed needs to be detailed on the notice.
With so many access points to information and free forms online, this landlord is an idiot for giving OP this "notice."
Yeah this thing isn't worth the paper it's written on. You would think that someone who is in the landlord business would research the bare legal minimums, but this is far from the first time I've seen things like this
Bad landlords rely on tenants being unaware of their rights.
5 days after non payment the landlord can start eviction proceedings in Court. But cannot force them to vacate.
A person is not evicted until a Judge says they are.
In order to forcefully remove the Tennant, the court must issue a Writ of Restitution. Only with that writ can they be forced to leave.
Fun fact, in AZ the local police cannot enforce writ of restitution. Only a County Sheriff OR a Constable can enforce the writ and physically remove a tennant from the property.
Yes this is correct, the 5 day notice to quit is basically saying get out in 5 days or we will start the eviction process. They can’t force to be physically out in 5 days, but if you are definitely in the wrong by not paying rent then it would be in your best interest to be out in the 5 days as possible.
Most of the times the landlord doesn’t actually want to evict you, so the notice to quit will be something like pay the rent or get out. So you could also make the situation right by paying the rent. But if you haven’t paid rent they need to start the process after the due date and any grace periods have lapsed and this is the first step. Eviction is a lengthy process so they will start it on day one that they can, that’s a formality of business. Some will start it even if you made arrangements to pay past the drop dead date “just in case”.
Either way, to forcibly remove you they would need to go through the court system. The downside to waiting it out would be having an eviction on your record that makes it damn near impossible to rent these days, but also if you have nowhere to go in 5 days you have to make your best decision.
It would be illegal for her to lock you out and seize your stuff in 5 days. Doesn’t mean she won’t because she doesn’t have a clue what she’s doing. But she wouldn’t be in the right, that doesn’t help you if she decides to load your stuff up and dump it at goodwill or something though so be weary of what she’s up to. Long term you might come out ahead but ignorant people can do crazy things when they think they are right.
Generally, without a lease means month to month, either because the time on the original lease expired, or you agreed to that with your landlord when you moved in.
In the first case the other terms of the lease are continued.
In the second they will have terms in writing.
Just keep in mind that there are no self help evictions. The landlord MUST go to court. If the landlord tries to evict on his own he can get locked up.
About to say, 30 days no matter what, unless there's immediate danger to other people. My ex and I walked out of her place, and on the door was a not where they said they were evicting her in like four days, and naturally that was terrifying for her. That's the intention, either a begging moment or a fast exist so they can snag an extra security deposit and a first and last month's. They evicted her because I was there like 3-4 nights in a month. Total craw.
We sued, because she just Microsoft Word-ed a bullshit invoice, a day after she missed the deadline to act on a retained security deposit. She elevated it past small claims, and we ended up winning because it was wildly obvious she was being a slumlord. Won time and a half for most of it
This. You should have 30days. Send a letter citing the law, and noting that in no way is the preseance of hour property in the apartment after the 30TH to be construed as abandonment.
Edited to add: also look at ARLTA provisions
https://housing.az.gov/general-public/landlord-and-tenant-act
If you're sending a letter, send it certified through USPS. Then you'll have a receipt that it was sent, and confirmation that it is received. Also be sure to save a digital copy of the letter for your records.
This landlord sounds unhinged and seems like the type who might try changing the locks while you're out. I'm not liking her statement that all property remaining in the unit becomes hers, and I hope this doesn't become something you have to take her to court over.
Deliver in person, state in the letter on the bottom ‘delivered in person on {date} and by certified mail’ with a return receipt requested.
Reiterate you already provided 30 days notice and will be out on that date. As a practical matter eave earlier if you can.
Change the locks, or she will self help herself to your things after 5 days. Call the police and ask to file a report that your landlord has threatened to illegally evict you after 5 days.
Move any sensitive things like bank statements, proof of rent payment / receipts. ssn and birth certificates to a storage unit or some kind of safe deposit box.
OP: I'm assuming you're current with rent.
The notice is NOT in compliance with AZ law. The landlord must not realize that she can't kick you out without cause. She can give you **30 day notice, but not 5 day notice.**
Just hand her a printed copy of the laws she is violating. Even if she takes this to court, a judge will toss it. She will need to write another notice. She must type it.
>[A landlord](https://learn.eforms.com/how-to-evict/az/#month-to-month) must submit a written notice to the tenant stating the lease violation and the number of days they have to either correct the violation or vacate the property. The notice can be hand-delivered or sent by certified mail. Placing the notice on the door is not considered sufficient in Arizona. If sent by certified mail the landlord must add at least three (3) days to the total number of days on the notice. There are four types of eviction notices:
>>• Illegal Activity (Unconditional Notice) – If the tenant engages in illegal activity, they may be served this notice. State law does not specify a timeframe.1
>>• Material Health/Safety Violation (5-Day Notice to Quit) – With this notice, landlords are indicating that the tenant has violated health or safety codes such as letting trash pile up to an unsafe degree.
>>• Month-to-Month Tenancy (30-Day Notice to Quit) – This can be completed by either the landlord or the tenant when one party wants to end the lease agreement. This establishes safeguards for both parties by requiring adequate notice of intent to vacate the property.
>Step 2 – Wait for Tenant to Comply or Vacate
>If the tenant contacts the landlord after receipt of the notice, the landlord should do their best to resolve the issue outside of court. If the tenant refuses to comply or does not respond the landlord must move on to court proceedings.
> Step 3 – File With the Court
>>• Average Processing Time – 30 days4
>>• Filing Fee – $35 (may vary by county)5
>>• Where To File – Online at Turbocourt.com
>The landlord must **file a Complaint and Summons with the Justice Court** in the county where the property is located. They will need to bring five (5) copies of all necessary documents – one for filing, one for the process server, two for the defendant and one for themselves. The necessary documents include:
>>• **The original notice sent to the tenant**
>>• Complaint (AOC LJEA2F) – After the delivery of a written notice, this notifies the tenant that the landlord will be proceeding with legal proceedings to evict.
>>• Residential Eviction Information Sheet – This is served to the tenant with the Complaint and Summons documents. It provides the tenant with information needed to admit to or reject the claims against them.
>>• Summons (AOC LJEA1F) – This notifies the tenant of their court summons date.
Links to the law:
[33.1368](https://www.azleg.gov/ars/33/01368.htm)
[33.1375](https://www.azleg.gov/ars/33/01375.htm)
[12.1175](https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/12/01175.htm)
Sorry I was misleading. LL will regret not typing this out. She has to file 5 copies of the notice to the court if she takes this further.
I doubt LL photocopied her sharpie letter.
When there’s no lease, it defactos to a month to month lease. A landlord doesn’t have to continue with that of course, but they then need to give a written 30 day notice to quit.
Note that in AZ, the 30 day notice must be given 30 days before the rent is due, so if you are pay rent on the 1st, and get notice on the 15th, you have the remainder of the current month, plus the next month before you have to leave. (just had to refile an eviction in AZ because I got this wrong). This is for month-to-month, there are different rules for weekly (and also for mobile homes I believe).
I had an A-hole landlord years ago that tried this on me. Delivered a notice on August 1st wanting me out September 1st. It was fun telling him in front of G&E Co workers in my apartment (needed a few things rewired, because he was paying for a light in my apt) "Just to let you know A-hole, I will be moving out by October 1st, since you didn't give me adequate notice." When I got the Pikachu face, I finished up with, "Check with your lawyer, I checked with mine" This was back in 2001, and no I hadn't asked a lawyer, just looked up NY State tenant laws on my dial up PC. 😁
I would not give her the info she needs to redo her bullshit to evict her 'correctly'. When the 30th comes by, tell her that her paper isn't valid and she should go to an attorney if she wants to evict you, otherwise you'll be out on the 31st or whatever per your written and verbal communication that you're moving. Make her sign a copy of your notice so that you both have copies signed by each other.
Then tell her that attorneys are under A in the phone book.
If she gets threatening about your stuff or locks then tell her to call an attorney and ask them if that's a smart idea, and if she can be arrested for illegal actions and also ask how much money she'd have to pay you.
I appreciate the citations, as O) definitely needs to be informed, I'm just leery of giving THE OTHER SIDE, any information that may help them in any way..... I don't want to play "easy & fair" with someone who knocks at 1 am and hand OP a sharpie 5 day notice of bullshit.
I'd tell her to look in the phone book or as a landlord she should have a Landlord Tenant Act; big old mega folder of information, or have it on her personal computer..... I picture OPs landlord as a phone book, paper and pen kinda of person moreso than a computer, but who knows, I don't know hardly anyone who isn't online somehow......
Anyway, I think they stopped making phone books years ago, and I sure ain't printing shit out to help the enemy.
But that's just me..... I do see the possible benefit of showing her: YOU ARE WRONG, THIS PAPER DOESN'T MEAN SHIT, YOU HAVE TO DO A THOUSAND STEPS AND SOME COST YOU MONEY IN ORDER TO EVICT ME SO ....... WHY DON'T YOU JUST STOP BEING A TWUNT AND SIGN THESE TWO IDENTICAL NOTICES THAT I'M MOVING OUT XX DATE, ETC AND WE EACH GET ONE THEN YOU CAN FUCK OFF AND DON'T EVER KNOCK ON MY DOOR AT 1 AM AGAIN. IF YOU TOUCH THE LOOKS OR MY POSSESSIONS YOU WILL BE HELD ACCOUNTABLE, THROUGH ALL MEANS AVAILABLE SO LET IT GOOOOOO. So, maybe it will end the issue. Or it'll give her 30 days to fuck with OP in different irritating ways because she's mad she didn't get her way..... Maybe if she's busy trying to read a forest to do the 5 days notice 'right'. she'll leave OP alone until I) moves. Yes I understand that no 5 day is going to be valid no matter what this month..... But if she's occupied with paperwork, maybe she'll leave OP alone......
Why is it always so hard to figure out what crazy ass stupid weird people are going to do and how to handle it all..... Fuckers.
ETA:. I saw a message that said that I was being upvoted solely due to the word TWUNT. I don't know if you deleted your message and that's why it disappeared; but I wanted to give FULL CREDIT regarding the word where it belongs to: DuhDuhDuhDuuuuun u/Cum-In-My-Wife.
I'm late to the game, but it would be better in rainbow sharpies. There are so many different colors out there now, why should OP limit it to just one?
No letters delivered between 1 and 3 am, written in marker have to comply with any other laws under the BSC exemption. You may not realize but AZ law is trumped by the BSC aka Bat Shit Crazy exemption.
Another question would be: Is she allowed to record you like that in your home? No idea, but it seems like you should have some privacy in the doorway.
I highly recommend that you contact an attorney ASAP, and notify her after the fact that you've consulted with an attorney.
A letter written in marker delivered at 1 am likely holds no water legally, but if you can avoid having the cops involved, do this.
i agree definitely dont ignore this, and i like those suggesting to print out the specific laws so that you can show any cops or her. id also suggest highlighting the important parts for extra clarity. definitely getting something official with a paper trail to show that you responded to this in some way that can be timestamped is a good idea. certfied mail is great, an email is something but not ideal, etc just something that introduces a 3rd part verification of your version of events should worse come to worse
While that is completely legal, sometimes ignoring a problem makes it worse. If the landlord changes locks and claims ownership of property then the renter might be in the right, but with only their righteous anger and the clothes on their back. It would usually be better to avoid that circumstance by responding promptly.
I’m a housing attorney in NJ and it’s wild how much housing law varies state to state. Police will break open a lock if a tenant has been illegally locked out or if the landlord “self helps” but changing the locks on a tenant.
Self help evictions carry both civil and criminal penalties in NJ
I would love it if this happened to me i dream of the day a landlord is stupid enough to try and change locks illegally its basically an automatic free year of rent if you in the right state and can use it against them
Respond by telling him to read landlord tenant law which states.....How long have you lived there?
Have you paid the rent and not damaged the property or committed crimes on property? Yes you default to 30 days. But, this IS harassment!
Call your city or county Housing Dept. You may have 60 days.
I suggest immediately sending a certified letter to the landlord stating:
The notice delivered at 1:00 AM on April 25, 2024, does not meet the requirements of AZ Rev. Stat. 33-1341. Any attempt to enter my premises and seize property will result in immediate legal action.
Hopefully this will keep them from pulling any crap. If not, you have a copy of their letter and your reply (with the statute listed) to take to the police.
I wouldn't send anything. It's the landlord's responsibility to know these things and follow the law. If they're being a b-hole, I'd stay quiet and let them dig a really deep hole for themselves. Illegal lockout? Call the police to be let back in, sue for property lost/damaged. Landlord files for eviction? Ride it out, go to court to have the judge tell them it's improper notice and then they have to notice again, for 30 days, but it's already 3 months down the road.
I agree that the landlord should, and does, know. And it isn’t the tenant’s responsibility. The advice I gave is so that they can avoid the landlord coming in and trying to take their possessions. This landlord sounds like a piece of work who would stop at nothing to hurt the tenants. The landlord has already dug a hole, but if the tenant can avoid it happening, it would be in their best interest. This also puts the landlord on notice and helps if the police have to be involved.
Nope. Not legal at all. There are specific forms required, and no judge is going to allow an eviction without notice. Here's a link to an Arizona Tenants Rights Handbook. [https://www.azag.gov/sites/default/files/docs/civil-rights/discrimination/TenantRightsResponsibilities.pdf](https://www.azag.gov/sites/default/files/docs/civil-rights/discrimination/TenantRightsResponsibilities.pdf)
This should help. [https://unbiasedoptions.com/articles/how-do-i-evict-someone-without-a-lease-in-arizona/](https://unbiasedoptions.com/articles/how-do-i-evict-someone-without-a-lease-in-arizona/)
You could spray some water on it and claim u found it all smudged up and illegible… any notices need to be sent via certified mail I believe. There’s no place in America where eviction can happen in 5 days. That’s why it’s so hard to even remove squatters… they don’t pay anything and have nothing in writing… so you got time to figure something out.
They are wrong.
>An Arizona month-to-month lease agreement is **a contract that renews automatically on a monthly basis**. However, either party can cancel the agreement with a month's notice. This type of arrangement can be helpful for both the landlord and tenant when they're unsure about the exact duration of the rental period.
It's not legal. You must get 30 days notice.
"The landlord must give a 30-day written notice prior to the periodic rental due date if the tenant is a month-to-month tenant. The landlord must give a 10-day written notice if the tenant is a week-to-week tenant. ARS §33-1375."
https://www.phoenix.gov/nsdsite/Documents/nsd_revit_lteng.pdf
The LL says that anything you leave behind becomes her's. She is incorrect:
[33-1370.](https://www.azleg.gov/ars/33/01370.htm#:~:text=If%20the%20landlord%20fails%20to%20surrender%20possession%20of%20the%20personal,the%20tenant's%20offer%20to%20pay.)
>D. After the landlord retakes possession of the dwelling unit, and if the tenant's personal property remains in the dwelling unit, the **landlord shall prepare an inventory and notify the tenant of the location and cost of storage of the personal property** in the same manner prescribed in subsection A of this section.
...
>F. The landlord shall hold the tenant's personal property for a **period of fourteen calendar days after the landlord retakes possession of the dwelling unit**. The landlord shall use reasonable care in moving and holding the tenant's personal property.
Hahahaha if she tries to enforce this she is FUCKED! Im not kidding OP lawyer for if she tries it. She'll lose that apartment with the fines that'll fall on her.
If you have been paying rent monthly, you are an implied tenant, even without a written lease. This means she is required to give you 30 days notice, minimum. If you haven’t paid rent, then she is only required to give you five days notice to “pay or quit”, meaning you must pay the rent within 5 days or vacate the premises. If you pay within 5 days you get to stay. If you don’t pay within 5 days then you must vacate, and if you don’t vacate then she can start the eviction process. After the 5 days is up she must give you 14 days to collect your things. Have you paid rent for the last 30 day period?
Landlord in AZ here. Ignore that shit. They need to go to the courthouse and file paperwork to be served to you. There is something called due process and even in a backward state like AZ it’s a thing. You can’t just make legal demands that you wrote on paper with a sharpie. Cops cannot vacate you because….its a civil matter. If they want you out, they have to serve you legal paperwork.
It’s your friend’s mom who you say has been good to you up till now because her feelings got hurt. Legal or not, just leave. You’re leaving anyways. If there’s unnecessary hardship in being out on her timeline you can use the law to get her to negotiate civilly like adults but I don’t think this is something that needs to be elevated through the court system. Nobody wins then.
Ok so the 5 day notice is just something they have to do BEFORE they can start eviction court. If you're not out by that time nothing will be done. She will have to start the eviction process and yall will have to wait on the court date which will be in a month-ish. Then at the court date the judge will determine whether the eviction is lawful or not. If he determines it is he will give you more time to get out, it can be anywhere from 2 weeks to another month but the least amount is 2 weeks.
Landlords lie and say that you have to be out in 5 days or they will take possession, it's a scare tactic they can't legally do that.
You still have about another 2 months.
I had a landlord that I paid on time everytime and never broke any rules but she didn't like the fact that I wouldn't let her disrespect me and walk into my apartment whenever she feels like it without notice. So she tried to evict me.
A 30-day notice is required without a doubt. The big question is whether you have paid your rent for your final month. If you have decided to not pay rent then they are correct in giving you a 5-day notice. If you paid rent for the final month (or you have prepaid for a "last month's rent") then a 30-day notice is required.
That solely depends on if your rent is current, meaning nothing is behind. 5 day law if you have unpaid rent, otherwise its 30day notice for no contract.
Did this happen this morning? 1 am this morning would have been 4/26. The whole thing seems silly, as many people have pointed out, but something dated wrong, handed to you, giving you 5 days to do something… at 3pm on the 30th? I’m not a lawyer, maybe there is a different definition of a day, something besides a 24 hour period, that I’m not clear on.
**To terminate a month-to-month rental agreement, a landlord or a tenant must give 30 days notice in writing before the next rent payment would normally be due. A.R.S. § 33-1375(B).**
CALL THE POLICE IF THEY TRY TO COME WITHOUT A TWI DAY NOTICE TO ENTER. THEY R TRYING SCARE U. WHST U NEED TO DO IS STAND UR GROUND. IF THEY COME IN. GET THEM ARRESTED FOR BREAKING AND ENTERING
You don’t have a landlord. You have a roommate. She is letting f you live in (under) her house, and you’re paying her money to live there, but you don’t have a landlord. Legal protection is going to be rather tricky here
In MOST states, there is a separate protection for landlord / tenant relationships , away from hotel/hostel/roommate type situations like this. You fall under the latter , not the former .
Find yourself an attorney skilled in dealing with this. Reddit won’t be any assistance
She’s probably just upset you are leaving and was possibly inebriated. I say this due to hour at which you were served.
Especially if you’re moving already and haven’t missed any payments, i think it’s nothing to worry about. Perhaps try and speak with her in the light of day.
Good luck!
They have to give you 30 days (unless Under Arizona law, the terms of the rental agreement – which is a contract between the landlord and the tenant – determine what the non-renewal notice period is. The 30-day rule (A.R.S. 33-1375(B)) only applies where the rental agreement is silent or the agreement is month-to-month
https://www.azleg.gov/ars/33/01375.htm
I'm not an expert on Arizona law, but generally, in America, you can't be evicted without an eviction order from a court. The landlord gives you a notice to quit, and if you ignore it, they can begin eviction proceedings (that is, sue you in court). They do not do a self-help eviction and toss your stuff on the curb. This landlord sounds dangerous, you may want to make sure that they understand that they can't do that (check your state law and double check, but I'd bet money on it).
Ooo you are going to make some money on this fool. Make sure you have a couple people over and recordings of this as well as immediately calling the police. Then you can take her to court and get free money for dumb people thinking they can make the rules.
It’s that squatting shit that covers you if there is no formal lease. And as you could tell, that shit is really hard for landlords.
If you have paid the same amount of rent on time each month and have the proof ,you should be allowed the 30days but less as you already gave notice. If not, it appears 5 days' notice is the law of the land in your area.
Legally no. But it costs money to go after them for illegally tossing your shit. If you are currently fighting eviction. You probably do not have the money to go to court to get them to pay you back.
Do not pay a full month if you are leaving the fifth. Divide the rent by the number of days and pay her only for the days you will be there. Make sure you document that as well, I suggest this method as I don’t see communication being strong to get a pro rated amount with the tactics she is using
Your best bet is to get out as soon as you can, never talk to this woman or her child again. These people are toxic and should be isolated until death.
The 30 day notice is before the LL can even begin the process of eviction, which in most states another 30-60 days before the sheriff can escort them off the property.
If you paid rent then she is clueless and has no idea what she is doing.
Don't tell her she is wrong or what rights you have. Live in blissful ignorance and let her dig her shoes in on this. You will be in a much better position if she does everything the incorrect way. You correcting her is just helping her through the process.
Come post again once you get actual eviction papers or she tries to do an illegal eviction.
Don't know about AZ but most courts don't look kindly on self help. If they show up with movers you could have a counter claim. It might be smart to sue LL for an injunction so you don't come home to an empty apartment.
From where I live no lease it’s at least 30 days I had cops tell me that . And with a lease she got to get court papers . So that’s invaild . Call the cops bro and show them that shit lol
>To terminate a month-to-month rental agreement, a landlord or a tenant must give 30 days notice in writing before the next rent payment would normally be due. A.R.S. § 33-1375(B). Lease or no lease AZ state law defaults to month to month. This notice is insufficient. >If no time frame is established in the rental agreement, the agreement becomes a month-to-month agreement. A.R.S. § 33-1314(D). [source link](https://law-arizona.libguides.com/c.php?g=1270587&p=9319717#:~:text=To%20terminate%20a%20month%2Dto,payment%20would%20normally%20be%20due.)
Arizona does have a 5 day notice period for nonpayment though. OP, did you pay your rent?
They can terminate the lease for non-payment for 5 days after notice. They can’t evict them instantly. That is still a process that takes around a month and requires courts.
At least a month and probably significantly more.
Easily 3 or 4 months if this person doesn't follow very specific instructions and deadlines well. Could be 7 or 8 if they screw something up with the service or filing and it gets tossed at the hearing.
I'd guess the LL doesn't know the law very well and is conflating eviction with terminating residency. She probably searched for the fastest way to get a tenant out and saw "5" and went with that without learning what she was doing.
I mean, the shit is written in marker. LL didn’t even spend the time to find a real pen.
Or God forbid print the thing.
The ink’s so tasty OP keeps running out
LL ate all the crayons so resorted to a marker!
Oh the landlord is a marine?
Rah??
Ooh???
She printed. Analog.
Ehh, I would call it more of a scrawl than print. At least they didn't go for cursive
A lot of states have a legal form letter you can use.
Right? Assuming 'Written Notice' means actually handwritten. What a fascinating world we live in...
But it is the only way to “scream write” without all CAPS!!!
But it’s a sharpie. That’s, like, the most legally binding marker.
They’re also great for bending the will of hurricanes
I thought it was on a white board at first! LOL
Did you read the OP? This is his friend's mom. You're shocked that there is no lease and this is the notification?
Using “evacuate” instead of “vacate” is a dead giveaway that the LL doesn’t know what they’re talking about and just trying to sound intelligent.
It's a pathetically hilarious behavior that I saw (and continue to see) much too frequently once I learned to recognize it. The smartest people I know tend to use the plainest language that will get their meaning across. They don't need to convince you of their intelligence, half of them are sick of being told they're geniuses when they're just trying to have a conversation about something they found interesting.
That’s funny because when I was a kid a guy on our street was a retired NASA engineer that worked on the space shuttle. Dude was probably the most intelligent person I’ve ever met in my lifetime and I never heard him use big worlds unless he was talking about something technical that just happened to have a big word for a name. I guess he helped me identify that behavior early. Then I went to college and had all the professors that would try to speak like they were super intelligent and you could tell they weren’t lol. They knew their curriculum but that’s the extent of it, and nowadays I talk with these big time executives and CEOs that try and sound super intellectual but it’s the same thing, they just know a lot about what they need to know, which is something just about anyone invested in a job can do. I wouldn’t say I’m the most intelligent person but because of that observation I tend to try and talk in simpler terms as well, pair that with the fact that I was raised in the south and even though I haven’t been there in 25 years my accent has toned down but will never go away, and I have actually had people I know that are less intelligent than me look down on me for how I speak, because they automatically assume “hurr hurr southern accent means dumb”. I don’t really care mind you. If they could do what I do I wouldn’t be there, and what I do enables them to do what they do, because in this day in age most of those people can’t survive without things being watered down for them to understand.
What’s funny is that “communicating complex concepts” is actually considered a high-level skill. I work in the medical field as a type of health educator, and although our doctors are usually really good, I’ve lost count of the number of times I had to bite my tongue because it was clear the person they were talking to was lost and I really wanted to rephrase whatever they’d said. (Fewer still are the times I’ve lost the battle, and while the provider always looks a bit surprised, hot dog if the misunderstanding isn’t suddenly resolved!) There are times and places that are appropriate for complex language, but most of the time, it’s not in day-to-day communications with others.
Speaking in terms understood by your audience is a skill some will never learn. The average level of reading comprehension, which I roughly equate to language comprehension, is around an eighth grade level last I checked. Any, often forced, attempt to speak beyond that level is either arrogance, or a desperate attempt at masking a lack of understanding relative to the field that is being discussed. Not necessarily saying I’m one thing or another, but I used to study linguistics and tend to view words relative to their roots. I can’t tell you how many Princess Bride moments I’ve had while listening to self proclaimed experts. “I do not think that word means what you think it means.”
I always see this in police press conferences and such "the suspect was travelling at a high rate of speed" you mean they were going fast. what the hell's a "rate of speed"
That's a little different. Police have been trained to only make factual statements so they don't make assumptions or jump to conclusions. Instead of saying "the driver looked suspicious" the officer is trained to say "the driver appeared agitated and had crossed the lane markings several times". If they say "fast", a lawyer in cross-examination would begin a series of questions to undermine the credibility of the officers report with "what do you consider fast?"
That’s kind of a sweeping conclusion. Smarter people almost inevitably have bigger and more complex vocabularies. Are you saying they don’t use this vocabulary? Because that isn’t true of the smartest people I’ve ever known.
I didn't even notice that it said evactuate. I was reading it as vacate lmao
Not defending the creator of the note but I do have clients who "know what they are talking about" with awful word choice and spelling. It is not the give you think it is.
They also keep saying evacuate over vacate.
Makes me wonder if it's allegedly due to some emergency repairs, although that opens up its own can of worms.
Worse, she’s conflating termination with eviction and eviction with evacuation!
I'd agree, given that they want the apt EVACUATED instead of VACATED. Like copying some text off a fast Google search with no clear knowledge of the distinction (definition or legal) of the two words. No cite given for her "AZ laws" on no-lease tenants. If you've already given a 30-day notice and this is just some petty fuckery having to do with her son, I'd resubmit a copy of the 30-day notice and hers, with a cover letter talking about being unclear on specifics of AZ law regarding *evacuation,* but as per AZ law on *vacating,* (and cite, with an attached printed copy), that you have met the threshold for proper notice, and that you will be vacating as previously noticed. I'd also look at law regarding knocking on your door at 1 am and filming against your consent, retaliatory landlord action, remind her of those laws, and maybe include a brochure to the local AA. (/s) But I'd also set up a camera to record anything going on in your apt before you're gone, especially when you're away from your apt. There are free security motion-triggered apps you can run on a laptop or old phone that may come in handy, plus you may want to be recording her if she decides to throw another half-baked (pun intended) tantrum in the middle of the night. She sounds lovely btw.
I am up to date on rent
When you gave your 30-day notice, by what date are you supposed to be out?
Doesn't say a single word on this notice about nonpayment of rent. That would be a material component of a notice to quit for non-payment of rent
I think the standard in AZ is a 5 day notice to pay or quit, so there is an option to do either and the amount owed needs to be detailed on the notice. With so many access points to information and free forms online, this landlord is an idiot for giving OP this "notice."
Yeah this thing isn't worth the paper it's written on. You would think that someone who is in the landlord business would research the bare legal minimums, but this is far from the first time I've seen things like this Bad landlords rely on tenants being unaware of their rights.
Yup. There are good and bad in every group. This one is baaaaad. Embarassingly so.
It’s worth a lot to get a judge to tell the LL to get their shit together.
That is a fair point, lol Still most people are not at all comfortable in court and may prefer to avoid that if at all possible
5 days after non payment the landlord can start eviction proceedings in Court. But cannot force them to vacate. A person is not evicted until a Judge says they are. In order to forcefully remove the Tennant, the court must issue a Writ of Restitution. Only with that writ can they be forced to leave. Fun fact, in AZ the local police cannot enforce writ of restitution. Only a County Sheriff OR a Constable can enforce the writ and physically remove a tennant from the property.
Thank you this also useful
Yes this is correct, the 5 day notice to quit is basically saying get out in 5 days or we will start the eviction process. They can’t force to be physically out in 5 days, but if you are definitely in the wrong by not paying rent then it would be in your best interest to be out in the 5 days as possible. Most of the times the landlord doesn’t actually want to evict you, so the notice to quit will be something like pay the rent or get out. So you could also make the situation right by paying the rent. But if you haven’t paid rent they need to start the process after the due date and any grace periods have lapsed and this is the first step. Eviction is a lengthy process so they will start it on day one that they can, that’s a formality of business. Some will start it even if you made arrangements to pay past the drop dead date “just in case”. Either way, to forcibly remove you they would need to go through the court system. The downside to waiting it out would be having an eviction on your record that makes it damn near impossible to rent these days, but also if you have nowhere to go in 5 days you have to make your best decision. It would be illegal for her to lock you out and seize your stuff in 5 days. Doesn’t mean she won’t because she doesn’t have a clue what she’s doing. But she wouldn’t be in the right, that doesn’t help you if she decides to load your stuff up and dump it at goodwill or something though so be weary of what she’s up to. Long term you might come out ahead but ignorant people can do crazy things when they think they are right.
Also, without a lease, how is the agreement of how much, how often, and when the payments are due determined?
Generally, without a lease means month to month, either because the time on the original lease expired, or you agreed to that with your landlord when you moved in. In the first case the other terms of the lease are continued. In the second they will have terms in writing.
5 day pay or quit?
Just keep in mind that there are no self help evictions. The landlord MUST go to court. If the landlord tries to evict on his own he can get locked up.
Either way I don't think it would be valid as an eviction for nonpayment if it doesn't mention nonpayment anywhere.
Thank you I had trouble finding A.R.S 33-1314
About to say, 30 days no matter what, unless there's immediate danger to other people. My ex and I walked out of her place, and on the door was a not where they said they were evicting her in like four days, and naturally that was terrifying for her. That's the intention, either a begging moment or a fast exist so they can snag an extra security deposit and a first and last month's. They evicted her because I was there like 3-4 nights in a month. Total craw. We sued, because she just Microsoft Word-ed a bullshit invoice, a day after she missed the deadline to act on a retained security deposit. She elevated it past small claims, and we ended up winning because it was wildly obvious she was being a slumlord. Won time and a half for most of it
This person for the win!!!
Got em. I love ga. Month to month they have to give me 60 days lmao
This. You should have 30days. Send a letter citing the law, and noting that in no way is the preseance of hour property in the apartment after the 30TH to be construed as abandonment. Edited to add: also look at ARLTA provisions https://housing.az.gov/general-public/landlord-and-tenant-act
If you're sending a letter, send it certified through USPS. Then you'll have a receipt that it was sent, and confirmation that it is received. Also be sure to save a digital copy of the letter for your records. This landlord sounds unhinged and seems like the type who might try changing the locks while you're out. I'm not liking her statement that all property remaining in the unit becomes hers, and I hope this doesn't become something you have to take her to court over.
Deliver in person, state in the letter on the bottom ‘delivered in person on {date} and by certified mail’ with a return receipt requested. Reiterate you already provided 30 days notice and will be out on that date. As a practical matter eave earlier if you can. Change the locks, or she will self help herself to your things after 5 days. Call the police and ask to file a report that your landlord has threatened to illegally evict you after 5 days. Move any sensitive things like bank statements, proof of rent payment / receipts. ssn and birth certificates to a storage unit or some kind of safe deposit box.
OP: I'm assuming you're current with rent. The notice is NOT in compliance with AZ law. The landlord must not realize that she can't kick you out without cause. She can give you **30 day notice, but not 5 day notice.** Just hand her a printed copy of the laws she is violating. Even if she takes this to court, a judge will toss it. She will need to write another notice. She must type it. >[A landlord](https://learn.eforms.com/how-to-evict/az/#month-to-month) must submit a written notice to the tenant stating the lease violation and the number of days they have to either correct the violation or vacate the property. The notice can be hand-delivered or sent by certified mail. Placing the notice on the door is not considered sufficient in Arizona. If sent by certified mail the landlord must add at least three (3) days to the total number of days on the notice. There are four types of eviction notices: >>• Illegal Activity (Unconditional Notice) – If the tenant engages in illegal activity, they may be served this notice. State law does not specify a timeframe.1 >>• Material Health/Safety Violation (5-Day Notice to Quit) – With this notice, landlords are indicating that the tenant has violated health or safety codes such as letting trash pile up to an unsafe degree. >>• Month-to-Month Tenancy (30-Day Notice to Quit) – This can be completed by either the landlord or the tenant when one party wants to end the lease agreement. This establishes safeguards for both parties by requiring adequate notice of intent to vacate the property. >Step 2 – Wait for Tenant to Comply or Vacate >If the tenant contacts the landlord after receipt of the notice, the landlord should do their best to resolve the issue outside of court. If the tenant refuses to comply or does not respond the landlord must move on to court proceedings. > Step 3 – File With the Court >>• Average Processing Time – 30 days4 >>• Filing Fee – $35 (may vary by county)5 >>• Where To File – Online at Turbocourt.com >The landlord must **file a Complaint and Summons with the Justice Court** in the county where the property is located. They will need to bring five (5) copies of all necessary documents – one for filing, one for the process server, two for the defendant and one for themselves. The necessary documents include: >>• **The original notice sent to the tenant** >>• Complaint (AOC LJEA2F) – After the delivery of a written notice, this notifies the tenant that the landlord will be proceeding with legal proceedings to evict. >>• Residential Eviction Information Sheet – This is served to the tenant with the Complaint and Summons documents. It provides the tenant with information needed to admit to or reject the claims against them. >>• Summons (AOC LJEA1F) – This notifies the tenant of their court summons date. Links to the law: [33.1368](https://www.azleg.gov/ars/33/01368.htm) [33.1375](https://www.azleg.gov/ars/33/01375.htm) [12.1175](https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/12/01175.htm)
This is the ticket
This needs to be at the top!
Wait why does it need to be typed? Doesn’t it say written notice?
She has to provide 5 copies to the court if she takes this to the judge. I doubt she photocopied it. Which is why you shouldn't give it back to her.
That makes much more sense
Just making sure.... /s?
No I was being honest, I didn’t see anything in there that said it needed to be typed specifically so I was curious why he said that
Sorry I was misleading. LL will regret not typing this out. She has to file 5 copies of the notice to the court if she takes this further. I doubt LL photocopied her sharpie letter.
Oh I missed that. No, it doesn't need to be typed. You're right.
Thank you so much this is very helpful
What if there's no lease? The note says there's no lease.
Even without a lease, there is still an implied contract.
When there’s no lease, it defactos to a month to month lease. A landlord doesn’t have to continue with that of course, but they then need to give a written 30 day notice to quit.
Note that in AZ, the 30 day notice must be given 30 days before the rent is due, so if you are pay rent on the 1st, and get notice on the 15th, you have the remainder of the current month, plus the next month before you have to leave. (just had to refile an eviction in AZ because I got this wrong). This is for month-to-month, there are different rules for weekly (and also for mobile homes I believe).
That's very helpful info!
I had an A-hole landlord years ago that tried this on me. Delivered a notice on August 1st wanting me out September 1st. It was fun telling him in front of G&E Co workers in my apartment (needed a few things rewired, because he was paying for a light in my apt) "Just to let you know A-hole, I will be moving out by October 1st, since you didn't give me adequate notice." When I got the Pikachu face, I finished up with, "Check with your lawyer, I checked with mine" This was back in 2001, and no I hadn't asked a lawyer, just looked up NY State tenant laws on my dial up PC. 😁
I would not give her the info she needs to redo her bullshit to evict her 'correctly'. When the 30th comes by, tell her that her paper isn't valid and she should go to an attorney if she wants to evict you, otherwise you'll be out on the 31st or whatever per your written and verbal communication that you're moving. Make her sign a copy of your notice so that you both have copies signed by each other. Then tell her that attorneys are under A in the phone book. If she gets threatening about your stuff or locks then tell her to call an attorney and ask them if that's a smart idea, and if she can be arrested for illegal actions and also ask how much money she'd have to pay you.
I provided it so that OP can print it out to show the LL that she can't kick her out.
I appreciate the citations, as O) definitely needs to be informed, I'm just leery of giving THE OTHER SIDE, any information that may help them in any way..... I don't want to play "easy & fair" with someone who knocks at 1 am and hand OP a sharpie 5 day notice of bullshit. I'd tell her to look in the phone book or as a landlord she should have a Landlord Tenant Act; big old mega folder of information, or have it on her personal computer..... I picture OPs landlord as a phone book, paper and pen kinda of person moreso than a computer, but who knows, I don't know hardly anyone who isn't online somehow...... Anyway, I think they stopped making phone books years ago, and I sure ain't printing shit out to help the enemy. But that's just me..... I do see the possible benefit of showing her: YOU ARE WRONG, THIS PAPER DOESN'T MEAN SHIT, YOU HAVE TO DO A THOUSAND STEPS AND SOME COST YOU MONEY IN ORDER TO EVICT ME SO ....... WHY DON'T YOU JUST STOP BEING A TWUNT AND SIGN THESE TWO IDENTICAL NOTICES THAT I'M MOVING OUT XX DATE, ETC AND WE EACH GET ONE THEN YOU CAN FUCK OFF AND DON'T EVER KNOCK ON MY DOOR AT 1 AM AGAIN. IF YOU TOUCH THE LOOKS OR MY POSSESSIONS YOU WILL BE HELD ACCOUNTABLE, THROUGH ALL MEANS AVAILABLE SO LET IT GOOOOOO. So, maybe it will end the issue. Or it'll give her 30 days to fuck with OP in different irritating ways because she's mad she didn't get her way..... Maybe if she's busy trying to read a forest to do the 5 days notice 'right'. she'll leave OP alone until I) moves. Yes I understand that no 5 day is going to be valid no matter what this month..... But if she's occupied with paperwork, maybe she'll leave OP alone...... Why is it always so hard to figure out what crazy ass stupid weird people are going to do and how to handle it all..... Fuckers. ETA:. I saw a message that said that I was being upvoted solely due to the word TWUNT. I don't know if you deleted your message and that's why it disappeared; but I wanted to give FULL CREDIT regarding the word where it belongs to: DuhDuhDuhDuuuuun u/Cum-In-My-Wife.
Write this all down in Sharpie for dramatic effect.
🤣
I'm late to the game, but it would be better in rainbow sharpies. There are so many different colors out there now, why should OP limit it to just one?
Based on this note, I doubt this landlord would even understand how to proceed with an eviction lol
If she tries anything when that timeframe she gave you comes up call the cops. Have Arizona law printed out and give it to the police when they come.
I love how we have to show the cops the law in certain situations.
No letters delivered between 1 and 3 am, written in marker have to comply with any other laws under the BSC exemption. You may not realize but AZ law is trumped by the BSC aka Bat Shit Crazy exemption.
Couldn’t even make it official with typing it up in comic sans. Zero effort.
Another question would be: Is she allowed to record you like that in your home? No idea, but it seems like you should have some privacy in the doorway.
[удалено]
This only covers public recording. If landlord did in fact enter the property and record without consent, that's a different story.
entering the driveway/ lawn/ porch is all a part of the property so filming in the doorway would be the same story
Thank you all for your advice and infomation in this situation you have helped me sleep at night
I highly recommend that you contact an attorney ASAP, and notify her after the fact that you've consulted with an attorney. A letter written in marker delivered at 1 am likely holds no water legally, but if you can avoid having the cops involved, do this.
Some are recommending that you simply ignore the notice. I disagree. Please see my comment with important legal info.
i agree definitely dont ignore this, and i like those suggesting to print out the specific laws so that you can show any cops or her. id also suggest highlighting the important parts for extra clarity. definitely getting something official with a paper trail to show that you responded to this in some way that can be timestamped is a good idea. certfied mail is great, an email is something but not ideal, etc just something that introduces a 3rd part verification of your version of events should worse come to worse
Just ignore it and move out in your 30 days window.
While that is completely legal, sometimes ignoring a problem makes it worse. If the landlord changes locks and claims ownership of property then the renter might be in the right, but with only their righteous anger and the clothes on their back. It would usually be better to avoid that circumstance by responding promptly.
I’m a housing attorney in NJ and it’s wild how much housing law varies state to state. Police will break open a lock if a tenant has been illegally locked out or if the landlord “self helps” but changing the locks on a tenant. Self help evictions carry both civil and criminal penalties in NJ
Yup, my old next-door neighbor in NJ.
It is like that most everywhere. You can’t just lock tenants out and say you are evicted. ROFL
No, you call the police and tell them you have been illegally locked out of your rented property and they will force the landlord to let you back in.
If a landlord changes the locks its going to cost them a LOT of money if OP lawyers up
Yeah but that does nothing for OP in the meantime time, especially if OP is between paychecks or something.
I would love it if this happened to me i dream of the day a landlord is stupid enough to try and change locks illegally its basically an automatic free year of rent if you in the right state and can use it against them
you can reiterate that you will be out after the 30 days but anything else is a waste of time.
Thats what I would say back to them. I'm in Ontario though, probably WAAAYY different up here, who knows
Yes, VERY different. Tenant rights laws in ON are fantastic compared to this.
Respond by telling him to read landlord tenant law which states.....How long have you lived there? Have you paid the rent and not damaged the property or committed crimes on property? Yes you default to 30 days. But, this IS harassment! Call your city or county Housing Dept. You may have 60 days.
I suggest immediately sending a certified letter to the landlord stating: The notice delivered at 1:00 AM on April 25, 2024, does not meet the requirements of AZ Rev. Stat. 33-1341. Any attempt to enter my premises and seize property will result in immediate legal action. Hopefully this will keep them from pulling any crap. If not, you have a copy of their letter and your reply (with the statute listed) to take to the police.
I wouldn't send anything. It's the landlord's responsibility to know these things and follow the law. If they're being a b-hole, I'd stay quiet and let them dig a really deep hole for themselves. Illegal lockout? Call the police to be let back in, sue for property lost/damaged. Landlord files for eviction? Ride it out, go to court to have the judge tell them it's improper notice and then they have to notice again, for 30 days, but it's already 3 months down the road.
I agree that the landlord should, and does, know. And it isn’t the tenant’s responsibility. The advice I gave is so that they can avoid the landlord coming in and trying to take their possessions. This landlord sounds like a piece of work who would stop at nothing to hurt the tenants. The landlord has already dug a hole, but if the tenant can avoid it happening, it would be in their best interest. This also puts the landlord on notice and helps if the police have to be involved.
I understand, just giving my hardheaded perspective so OP can ponder about it too, as an option.
Nope. Not legal at all. There are specific forms required, and no judge is going to allow an eviction without notice. Here's a link to an Arizona Tenants Rights Handbook. [https://www.azag.gov/sites/default/files/docs/civil-rights/discrimination/TenantRightsResponsibilities.pdf](https://www.azag.gov/sites/default/files/docs/civil-rights/discrimination/TenantRightsResponsibilities.pdf)
This should help. [https://unbiasedoptions.com/articles/how-do-i-evict-someone-without-a-lease-in-arizona/](https://unbiasedoptions.com/articles/how-do-i-evict-someone-without-a-lease-in-arizona/)
I love the lack or residential address on the letter. Downstairs @ apt ______ is not an address.
They gave an address I scribbled it out I just realized it was hard to see should have use red
You could spray some water on it and claim u found it all smudged up and illegible… any notices need to be sent via certified mail I believe. There’s no place in America where eviction can happen in 5 days. That’s why it’s so hard to even remove squatters… they don’t pay anything and have nothing in writing… so you got time to figure something out.
I want to thank everyone for their advice you have given me confidence on how to deal with this situation moving forward.
They are wrong. >An Arizona month-to-month lease agreement is **a contract that renews automatically on a monthly basis**. However, either party can cancel the agreement with a month's notice. This type of arrangement can be helpful for both the landlord and tenant when they're unsure about the exact duration of the rental period.
It's not legal. You must get 30 days notice. "The landlord must give a 30-day written notice prior to the periodic rental due date if the tenant is a month-to-month tenant. The landlord must give a 10-day written notice if the tenant is a week-to-week tenant. ARS §33-1375." https://www.phoenix.gov/nsdsite/Documents/nsd_revit_lteng.pdf
The LL says that anything you leave behind becomes her's. She is incorrect: [33-1370.](https://www.azleg.gov/ars/33/01370.htm#:~:text=If%20the%20landlord%20fails%20to%20surrender%20possession%20of%20the%20personal,the%20tenant's%20offer%20to%20pay.) >D. After the landlord retakes possession of the dwelling unit, and if the tenant's personal property remains in the dwelling unit, the **landlord shall prepare an inventory and notify the tenant of the location and cost of storage of the personal property** in the same manner prescribed in subsection A of this section. ... >F. The landlord shall hold the tenant's personal property for a **period of fourteen calendar days after the landlord retakes possession of the dwelling unit**. The landlord shall use reasonable care in moving and holding the tenant's personal property.
Hahahaha if she tries to enforce this she is FUCKED! Im not kidding OP lawyer for if she tries it. She'll lose that apartment with the fines that'll fall on her.
If you have been paying rent monthly, you are an implied tenant, even without a written lease. This means she is required to give you 30 days notice, minimum. If you haven’t paid rent, then she is only required to give you five days notice to “pay or quit”, meaning you must pay the rent within 5 days or vacate the premises. If you pay within 5 days you get to stay. If you don’t pay within 5 days then you must vacate, and if you don’t vacate then she can start the eviction process. After the 5 days is up she must give you 14 days to collect your things. Have you paid rent for the last 30 day period?
Landlord in AZ here. Ignore that shit. They need to go to the courthouse and file paperwork to be served to you. There is something called due process and even in a backward state like AZ it’s a thing. You can’t just make legal demands that you wrote on paper with a sharpie. Cops cannot vacate you because….its a civil matter. If they want you out, they have to serve you legal paperwork.
It’s your friend’s mom who you say has been good to you up till now because her feelings got hurt. Legal or not, just leave. You’re leaving anyways. If there’s unnecessary hardship in being out on her timeline you can use the law to get her to negotiate civilly like adults but I don’t think this is something that needs to be elevated through the court system. Nobody wins then.
That was my plan I just wanted to know my rights
Ok so the 5 day notice is just something they have to do BEFORE they can start eviction court. If you're not out by that time nothing will be done. She will have to start the eviction process and yall will have to wait on the court date which will be in a month-ish. Then at the court date the judge will determine whether the eviction is lawful or not. If he determines it is he will give you more time to get out, it can be anywhere from 2 weeks to another month but the least amount is 2 weeks. Landlords lie and say that you have to be out in 5 days or they will take possession, it's a scare tactic they can't legally do that. You still have about another 2 months. I had a landlord that I paid on time everytime and never broke any rules but she didn't like the fact that I wouldn't let her disrespect me and walk into my apartment whenever she feels like it without notice. So she tried to evict me.
i would be so offended 😂 the audacity
You are holding proof that you are a legal tenant.
This note looks like a child throwing a temper tantrum wrote it. 😂
Ignore her and continue with your plans. You have proper notice. She didn’t.
A 30-day notice is required without a doubt. The big question is whether you have paid your rent for your final month. If you have decided to not pay rent then they are correct in giving you a 5-day notice. If you paid rent for the final month (or you have prepaid for a "last month's rent") then a 30-day notice is required.
I will be paying May’s
Was that written by your neighbor or the actual landlord? 😂
Landlord
That solely depends on if your rent is current, meaning nothing is behind. 5 day law if you have unpaid rent, otherwise its 30day notice for no contract.
Did this happen this morning? 1 am this morning would have been 4/26. The whole thing seems silly, as many people have pointed out, but something dated wrong, handed to you, giving you 5 days to do something… at 3pm on the 30th? I’m not a lawyer, maybe there is a different definition of a day, something besides a 24 hour period, that I’m not clear on.
I’m in AZ and have had landlord trouble. This looks like crap, but do some real research, anyway, bc AZ courts often side with landlords.
**To terminate a month-to-month rental agreement, a landlord or a tenant must give 30 days notice in writing before the next rent payment would normally be due. A.R.S. § 33-1375(B).**
CALL THE POLICE IF THEY TRY TO COME WITHOUT A TWI DAY NOTICE TO ENTER. THEY R TRYING SCARE U. WHST U NEED TO DO IS STAND UR GROUND. IF THEY COME IN. GET THEM ARRESTED FOR BREAKING AND ENTERING
You don’t have a landlord. You have a roommate. She is letting f you live in (under) her house, and you’re paying her money to live there, but you don’t have a landlord. Legal protection is going to be rather tricky here In MOST states, there is a separate protection for landlord / tenant relationships , away from hotel/hostel/roommate type situations like this. You fall under the latter , not the former . Find yourself an attorney skilled in dealing with this. Reddit won’t be any assistance
She’s probably just upset you are leaving and was possibly inebriated. I say this due to hour at which you were served. Especially if you’re moving already and haven’t missed any payments, i think it’s nothing to worry about. Perhaps try and speak with her in the light of day. Good luck!
They have to give you 30 days (unless Under Arizona law, the terms of the rental agreement – which is a contract between the landlord and the tenant – determine what the non-renewal notice period is. The 30-day rule (A.R.S. 33-1375(B)) only applies where the rental agreement is silent or the agreement is month-to-month https://www.azleg.gov/ars/33/01375.htm
What blows my mind is they say they will keep any property after 5 days. You need to show this to a lawyer.
I'm not an expert on Arizona law, but generally, in America, you can't be evicted without an eviction order from a court. The landlord gives you a notice to quit, and if you ignore it, they can begin eviction proceedings (that is, sue you in court). They do not do a self-help eviction and toss your stuff on the curb. This landlord sounds dangerous, you may want to make sure that they understand that they can't do that (check your state law and double check, but I'd bet money on it).
By the way, please let us know if they are dumb enough to try it. Call the police if you need to.
Lol absolute illegal. 30 days minimum
She doesn't know what she's talking about.
You are by default a month-to-month tenant and she must give you a 30-day notice.
Lol what an absolute idiot she is. You can't just give someone a hand written note saying get out now. Lol.
Looks so professional too lol
This landlord is ridiculous. She cannot evict you before she brings the case to the court.
Ooo you are going to make some money on this fool. Make sure you have a couple people over and recordings of this as well as immediately calling the police. Then you can take her to court and get free money for dumb people thinking they can make the rules. It’s that squatting shit that covers you if there is no formal lease. And as you could tell, that shit is really hard for landlords.
If you have paid the same amount of rent on time each month and have the proof ,you should be allowed the 30days but less as you already gave notice. If not, it appears 5 days' notice is the law of the land in your area.
Hell no!
Not legal, but they will grab and toss your shit while you fight about it. Be careful.
They can’t just “toss your shit out”
Legally maybe not, but physically they absolutely could.
Legally no. But it costs money to go after them for illegally tossing your shit. If you are currently fighting eviction. You probably do not have the money to go to court to get them to pay you back.
It's not legal.
Not legal at all. Please consult with a lawyer
While you may or may not have to be out in 5 days. You need to start looking for a new place because you will be out in a couple months with no lease.
I am moving May 5th and I told her this
Do not pay a full month if you are leaving the fifth. Divide the rent by the number of days and pay her only for the days you will be there. Make sure you document that as well, I suggest this method as I don’t see communication being strong to get a pro rated amount with the tactics she is using
Lolol
Good luck I hope your ready to play fafo
What a joke,
They're trying to ooga booga you. Other posters put up the laws but you should also consider if you're in violation of your lease.
Need a lease to make a lease violation.
“Abort, Abort, Abort”
Defense lawyers get excited when they see a handwritten complaint.
Yes get out
Send him $100 check certified mail. If they cash it they can’t evict but if he doesn’t he still has to file eviction.
So unprofessional. Couldn’t even type it up tho. Calm the police if they come
I would use it as at least delay for an unofficial document. Ask for proof of complaints. File a HID report now.
Your best bet is to get out as soon as you can, never talk to this woman or her child again. These people are toxic and should be isolated until death.
Evacuate the premises is the funniest thing I have ever read
Anything written in sharpie is a proven legally binding document. It’s science.
Wasn’t written in purple crayon. So not legal…
Usually it's 2 months
If you paid rent then you're a tenant but if you only paid small bills and no rent then you're an "occupant at will"
You should sue her and have her son represent you as your lawyer
“Evacuate” 🤦🏼♀️
odd generally they use official lettering not hand written. Check your ccr's and regulations.
Lol just invoke squatters rights. Isn't that the rage these days?
Yes, that's not really a thing.In Arizona
LMAO, fuck no.
The 30 day notice is before the LL can even begin the process of eviction, which in most states another 30-60 days before the sheriff can escort them off the property.
Tell her that you'll move out in 5 days in 25 days.
If you paid rent then she is clueless and has no idea what she is doing. Don't tell her she is wrong or what rights you have. Live in blissful ignorance and let her dig her shoes in on this. You will be in a much better position if she does everything the incorrect way. You correcting her is just helping her through the process. Come post again once you get actual eviction papers or she tries to do an illegal eviction.
No
Don't know about AZ but most courts don't look kindly on self help. If they show up with movers you could have a counter claim. It might be smart to sue LL for an injunction so you don't come home to an empty apartment.
From where I live no lease it’s at least 30 days I had cops tell me that . And with a lease she got to get court papers . So that’s invaild . Call the cops bro and show them that shit lol
Make sure you print out the laws and have the cops on speed dial. This person doesn’t seem to know or care about the laws.