Return to the Apartment Living Forum | Post a Follow-Up

when lease is up

Posted by craigjf43 (My Page) on
Wed, Dec 13, 06 at 13:44

hello son and friends in arizona are is up at end of december..they gave notice on the says in their lease that they have to give 30 days but itwould have to been givin on the 1st for them to leave by the end of they are told that they have to pay january's rent also(whole month) they are leaving the state by the 28th..also they only had a months worth deposit on unit...i can't really find out if this is legal when i look at the arizona landlord/tennant laws..also as in what is law after the lease is it up to the landlord to present some paperwork??? or does it automatically turn into a month to month??.i almost feel like telling them to leave and tell the landlord to use the deposit for rent; but they need to do what's right...any thoughts?????
thank you

Follow-Up Postings:

RE: when lease is up

Everything you need to know is in the lease that was signed. The landlord does not have to present any paperwork, you already have it.

You say the lease said that they have to give 30 days notice. They gave notice on the 12th and want to vacate on the 28th. Sorry, the landlord has a right to hold them to their lease and this means they will have to pay for January.

It should say in the lease whether it goes automatically to month to month or a new lease is required to continue occupancy. If it does not specify, it goes month to month unless the landlord has given them notice to vacate at the end of the lease.

A security deposit is not intended to pay for 'last month rent'. Tenants often skip paying the last month of rent thinking that it is OK since the security deposit will cover it, and then leave the place in shambles with damage that the security deposit was intended to cover if needed.

Most likely, if the landlord can come over and inspect the place on the 28th when they move out, and see that it is undamaged, he will accept the security deposit for last month rent that they owe. It seems like a situation that will resolve amicably.

RE: when lease is up

thank you for your response...actually they wanted to prorate and pay till jan 12th..but i agree with you about the landlord wanting them to pay for january..good idea on having landord come in on 28th and see if they can negotiate a deal on the deposit...
thanks again

RE: when lease is up

Make sure they get everything in writing. Get an inspection sheet with the date on it when moving out, saying that there is no damage to the apartment and that the security deposit is to be returned. Don't just take the landlords word for it that everything is OK and the deposit will be returned.

Then, also get a paper saying that the security deopsit that is due, is to be converted to January rent and get a paid in full receipt for January rent before leaving town.

This will prevent any "misunderstandings" that may end up in a court battle.

This will also prevent the landlord from giving a different 'version' of the event to credit reporting agencies such as, that he legally witheld the security deposit because the January rent had been neglected to be paid. Your son does not want to find out a year later that the landlord "remembers" the event differently when he applies for credit or a new apartment.

The only snafu that could occur is if the landlord feels that the apartment has sustained so much damage that the security deposit cannot be returned, and then January rent is still owed.

It's unlikely that the January rent will be pro-rated. It is usually written right in the lease that everything goes from the 1st to the 1st of the months, due to the fact that it is nearly impossible to find a new tenant who will move in on an oddball date.

RE: when lease is up

States are different but in MN Landlords are required to produce a copy of the lease if requested.

My leases expire after the initial tearm and automaticly go to a month to month agreement. A 30 day notice must be given to vacate but it must be recieved before the 1st. The lease runs from 1st to end of month.

How would your son feel if the Lanlord would change conditions in the lease (like upping rent $100) and only give a 2 week notice?

Also you can't expect the landlord to eat 2 weeks of rent because it will be vacant on the 12th. Do you really think he will find someone to move in at such an odd date? The 30day notice is to help the tenant when they want to leave. 30 days is also sufficent time to re-rent many units. 12 is not.

In MN the law also states that in a circumstance like this I need to try and fill the unit asap and if I am able to fill it return a pro-rated part of rent.

 o Post a Follow-Up

Please Note: Only registered members are able to post messages to this forum.

    If you are a member, please log in.

    If you aren't yet a member, join now!

Return to the Apartment Living Forum

Information about Posting

  • You must be logged in to post a message. Once you are logged in, a posting window will appear at the bottom of the messages. If you are not a member, please register for an account.
  • Please review our Rules of Play before posting.
  • Posting is a two-step process. Once you have composed your message, you will be taken to the preview page. You will then have a chance to review your post, make changes and upload photos.
  • After posting your message, you may need to refresh the forum page in order to see it.
  • Before posting copyrighted material, please read about Copyright and Fair Use.
  • We have a strict no-advertising policy!
  • If you would like to practice posting or uploading photos, please visit our Test forum.
  • If you need assistance, please Contact Us and we will be happy to help.

Learn more about in-text links on this page here