Im in a month to month lease. The lease states i have to give 60 days prior to moving out. state law says 30 days for month to month. which is right?

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Im in a month to month lease. The lease states i have to give 60 days prior to moving out. state law says 30 days for month to month. which is right?

Asked on May 19, 2009 under Real Estate Law, Arizona

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am confused.  Did you once have a written lease, which expired, and you are now a month to month tenant?  Does the written lease say that if you continue to be a tenant after the lease ends then you must abide by the terms and conditions of the lease?  I am not sure exactly what you are asking, however, when there is no written lease in effect, you are a month to month tenant.  As you correctly pointed out, the month to month tenancy ends each month and a new one begins.  Therefore, if you are going to move out, then you should give 30 days notice.  I think that the landlord may be trying to take advantage of you here.  I would also need to see the lease that you have/had to give you a definitive answer. Perhaps you can go see a lawyer with the lease so they can advise you.  However, I do not think you have to give 60 days notice in this situation.


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