Cn my landlord make me move out early if I told them that I would be moving?
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Cn my landlord make me move out early if I told them that I would be moving?
I am being interviewed for various jobs that will relocate me to another state. I should be moving sometime next month. I informed the property management company guy on 10/11 that I would be moving out on 11/30. He stated that I have to move out by 10/31 instead. Is this legal?
Asked on October 15, 2018 under Real Estate Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, he can't, so long as you are current on rent and not otherwise providing good cause to evict (not violating your lease; not disturbing other tenants; not breaking up the rental unit; etc.). Without good cause to evict:
1) If you have a written lease for a fixed term (e.g. a one-year lease) and it is not over, you have the right to be there until the end of the lease, and can't be made to leave early.
2) If you are on a month-to-month written lease, or are month to month on either an oral lease or as a result of a written lease expiring, the landlord can terminate your tenancy on a full month's notice--that is a full month, plus whatever is left of the month he notified you. So if he told you on or after 10/11, when you told him you planed to move, that he was was terminating his tenancy, that termination could not be effective for before 11/30 or 12/1. (The tenancy would end midnight 11/30.)
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