An Arizona month-to-month lease agreement is a contract (written or oral) that allows a tenant to rent property from a landlord, in exchange for a fee (“rent”), for a period of thirty days at a time. The agreement remains active until either party gives proper notice to end it.
Note: For fixed term leases in Arizona (i.e., 1-year), click here.
How do Arizona Month-to-Month Lease Agreements Work?
A landlord and tenant can enter into a month-to-month lease through a written contract or oral agreement. It does not have to be written.
Once the lease is active, both parties are given full rights under Arizona landlord tenant law. This includes the landlord’s responsibility to provide a habitable living space, the tenant’s responsibility to pay rent in a timely manner and all other rights and responsibilities.
How Much Notice is Needed to End the Lease?
In Arizona, either party may terminate a month-to-month lease agreement by giving at least 30 days’ notice. AZ Rev. Stat. § 33-1375
Notice must be provided in written form.
How Much Notice is Needed to Raise the Rent?
In Arizona, if the lease agreement states that rent may be raised, the landlord may raise the rent or change any other lease terms by providing at least 30 days’ notice.
Notice must also be provided in written form. AZ Rev. Stat. §33-1314
Are There Notice Delivery Requirements?
In Arizona there are notice delivery requirements. In the case of the landlord, notice must be hand delivered or mailed by registered or certified mail to the place of business where the lease agreement was made or a place that is designated by the landlord (or agent) as the place for receipt of communication.
In the case of the tenant, the notice must be hand delivered or by mail through registered or certified mail to the tenant at their place for receipt of communication or their last known residence.
How are Month-to-Month Tenants Evicted in Arizona?
After the landlord gives proper notice, and that period of time elapses, the lease expires and is no longer active.
If a tenant remains on the property after lease expiry, the landlord may move forward with the eviction process to remove the tenant by filing a complaint with the applicable county court in Arizona. The process for eviction can be completed in 1-6 weeks but can take longer depending on the circumstances.
For more information on the eviction process in Arizona, click here.