Our landlord is forcing us to either renew a 6-12 mo. lease or be evicted.We’re asking to go mo. to mo. while we search for a home to buy. Can he?

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Our landlord is forcing us to either renew a 6-12 mo. lease or be evicted.We’re asking to go mo. to mo. while we search for a home to buy. Can he?

We’ve fulfilled two consecutive 6 m. leases with him, notified him that we’re looking for a home to purchase, and would like to go month to month at the end of the current lease. He says either renew or move out. We have never paid late, or less than the full amount. We’ve been great tenants. He will not lose any amount of rent and we understand that we must give him the legally bound 30 day notice when we do in fact move out. Can he force us to sign a lease that we know we will not fulfill, thereby forfeiting our $1000 deposit on the basis of a “broken lease” when it happens?

Asked on May 17, 2009 under Real Estate Law, Arizona

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately a landlord is allowed to refuse to go month to month on a lease. I assume nothing in your current lease states that you may go month to month upon completion and if it does it usually leaves it up to the discretion of the landlord.

If the landlord is insisting on 6 months or that you move out he does have the right to do so. You should try to talk to him and see if anything can be worked out. You also can always call a local attorney and ask them for advice. I am not admitted in AZ but assume the laws will be the same in that regard however there may be a caveat that a local attorney can point out and it is worth a phone call

good luck


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