An Arizona month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.
Basics of an Arizona Month-to-Month Rental Agreement
In Arizona, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.
Parties under a month-to-month lease have full rights under Arizona landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party, for any reason, without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Arizona
Arizona landlords may not rent a property out without making the following disclosures to a potential tenant, as applicable:
- Landlord’s Name and Address – Landlords must give the tenant their name and address, or that of their authorized agent. This allows required communication (for example, about repairs) to happen in a smooth way.
- Shared Utilities – Landlords must disclose how they divide utility costs up, on properties which share a utility meter with other units. This ensures tenants receive fair charges and understand what uses contribute to their bill.
- Move-In Checklist – Landlords must provide tenants with a move-in checklist to take inventory of existing property damage before move-in.
- Residential Landlord-Tenant Act Notice – Arizona landlords must, at or before move-in, inform the tenant that the Arizona Residential Landlord and Tenant Act is available to review on the Department of Health website.
- Bed Bug Disclosure – Arizona landlords must disclose any known infestation status on rental property. They also must provide educational materials (usually an addendum) and include a bed bug section in lease agreements.
- Non-Refundable Fees Disclosure – For Arizona landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease.
- Pool Enclosure Disclosure – Arizona leases with a pool or any other body of water intended for swimming that is 18 inches or more in depth and at least eight feet wide must provide an educational safety notice approved by the Department of the Health Services about pool use and maintenance.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Arizona
Arizona lets both the landlord or tenant end a month-to-month lease on at least 30 days of advance notice. In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.
Arizona requires written notice for ending a month-to-month lease. In most cases notice must be hand-delivered, or delivered by registered or certified mail.
Required Notice To Raise the Rent on an Arizona Month-to-Month Lease
Arizona requires written notice for a rental increase, but there’s no particular timeframe given for that notice. This means in most cases it’s reasonable for a landlord to use the standard notice period for termination or other major lease changes. In Arizona, this is 30 days.
Eviction in Arizona Month-to-Month Rentals
Arizona tenants may get evicted if they violate lease terms or stay on the property after the notice period allowed by a valid termination. Evictions in Arizona typically take one to six weeks.
For more information on the eviction process in Arizona, click here.
Sources
- 1 Ariz. Rev. Stat. 33-1375(b)
-
The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.
Source Link
