In Arizona, the length of time a landlord must give a tenant to move out depends primarily on the type of lease agreement in place. For periodic tenancies, specific notice periods are required by law, while for fixed-term leases, the move-out date is typically defined by the lease agreement itself.
Required Notice Periods in Arizona
The notice period a landlord must provide for a tenant to move out varies based on whether the lease is week-to-week, month-to-month, or a fixed-term agreement. This notice is typically referred to as a "Notice to Quit" when the landlord is terminating the tenancy.
Here's a breakdown of the notice requirements:
| Lease Agreement Type | Required Notice to Quit |
|---|---|
| Week-to-week | 10-Day Notice to Quit |
| Month-to-month | 30-Day Notice to Quit |
| Fixed Term | No statutory obligation for the landlord to remind the tenant unless stated in the lease agreement. |
Let's explore each type of tenancy in more detail.
Week-to-Week Tenancies
For tenants on a week-to-week lease, a landlord must provide a 10-day Notice to Quit. This means if the landlord wishes for the tenant to vacate the property, they must give at least 10 days' written notice before the tenant is required to move out. This notice period allows the tenant a short window to find new housing and make arrangements.
Month-to-Month Tenancies
If you are renting on a month-to-month basis, your landlord is required to give you a 30-day Notice to Quit. This provides a full month's notice, giving tenants a reasonable amount of time to secure a new residence and plan their relocation. The notice must be in writing and clearly state the date by which the tenant must vacate the premises.
Fixed-Term Leases
For tenants with a fixed-term lease (such as 6-month or 1-year agreements), the situation is different. Generally, the lease agreement itself specifies the exact end date of the tenancy. Therefore, the landlord is not legally obligated to provide an additional "notice to quit" or reminder for the tenant to move out when the lease term expires, unless the lease agreement explicitly states otherwise. The expectation is that the tenant will vacate the property by the end date specified in their signed lease.
- Practical Insight: While not legally required, some landlords might send a courtesy reminder a month or two before a fixed-term lease ends to discuss renewal options or confirm move-out plans. However, tenants should not rely on receiving such a reminder. It is the tenant's responsibility to know their lease end date.
Important Considerations for Moving Out
- Written Notice: All official notices from a landlord should be in writing. Oral notices are generally not sufficient for terminating a tenancy.
- Lease Agreement: Always refer to your specific lease agreement. While state law sets minimums, your lease might contain additional terms regarding notice periods or move-out procedures, as long as they do not contradict Arizona law.
- Eviction for Cause: The notice periods mentioned above primarily apply to general termination of tenancy. If a landlord is seeking to evict a tenant for a lease violation (e.g., non-payment of rent, property damage, illegal activity), different and often shorter notice periods apply, specific to the nature of the violation. These are distinct from a landlord simply choosing not to renew a periodic tenancy or allowing a fixed-term lease to expire.
For more detailed information on Arizona eviction laws and processes, you can refer to resources like Arizona Eviction Laws: The Process & Timeline In 2024.
