How much notice to change or end a month-to-month tenancy in Arizona?

Question

Accepted Answer

Short answer: In Arizona, either the landlord or the tenant may end a month-to-month tenancy by giving written notice at least thirty days before the periodic rental date specified in the notice .

Details:

- The notice must be in writing and delivered to the other party, and the termination takes effect on the periodic rental date named in the notice .
- The same thirty-day rule applies whether it is the landlord or the tenant who ends the tenancy .
- For comparison, a week-to-week tenancy may be terminated by either party with written notice given at least ten days before the termination date specified in the notice .

Changing the terms (e.g., the rent): Section 33-1375 addresses termination of a periodic tenancy only; it does not set out a separate notice period for modifying the terms of a month-to-month tenancy, such as the rent amount . In practice, a rent increase in a month-to-month tenancy is commonly treated as requiring the same notice, because raising the rent functions as ending the current terms and offering new ones.

If the tenant stays past termination: If a tenant remains in possession without the landlord's consent after the tenancy ends, the landlord may bring an action for possession, and if the holdover is willful and not in good faith, the landlord may also recover up to two months' periodic rent or twice the actual damages, whichever is greater .

This is general information, not legal advice — for a specific tenancy situation, consult a licensed Arizona attorney.