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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4198
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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I have been renting 2 rooms in a private residence for 3 months

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I have been renting 2 rooms in a private residence for 3 months (I live in Scottsdale, AZ). There is no lease agreement and the homeowner has posted a (non-legal document) "30 day notice to leave" on my bedroom door. My rent has never been late and he has no cause for this action. However, everything I read online about evictions pertains to situations where there is a lease &/or rent payments have been missed. I know that not all the same laws apply in this situation but can't find my rights online anywhere. The BIG question is, how long can I legally stay here? I'm just entering my final semester, and one of the most demanding courses, of my graduate program. This HUGE distraction and time-consumer is a real threat to my focus on these studies. The longer I can postpone a move, the better. What are my options and what is he legally obligated to do before I'm forced to leave?
Hello, I am happy to assist you today.

It sounds like you do not have a written lease, in which case you are a legal tenant on a month to month basis. Your landlord has to give you 30 days notice to move out. It must be a full 30 days from the first of the month, so if he gave it at the middle of the month he must give the rest of that month, plus the entire month coming. Let me know if this is not clear.

So you do have the right to stay for another 30 days but will have to move out at that time. The only way to stay beyond that is make an arrangement with the landlord, explaining to him the situation. Maybe you can get another 30 days or so from him.

Let me know if you have any questions.
Kimberly
Customer: replied 3 years ago.

I got the notice today but it’s not a legal document – he hasn’t filed anything with any court. Isn’t he obligated to do that before the 30 days legally go into effect? Also, since he posted it today, Mon , July 22nd. Sounds like what you're saying is that I am able to stay until Aug 31st?

No, it is actually the opposite. He has to give you 30 days notice. If you stay beyond that, then he would start the legal proceeding. He did the correct thing legally. Not supposed to be a legal notice, just actual notice.

Yes, so you do have until the end of August legally, so you should be sure to let him know that, because he probably doesn't.

Kimberly
Customer: replied 3 years ago.

What law would I reference when telling him about that? AND...


given the circumstances, I can’t take his word on faith that my security deposit will be returned (my last roommate did this). It is a full month’s rent and I am considering not paying August rent, but rather applying my deposit to that. I understand that isn’t what the deposit if for and I’m not supposed to use it that way, but the alternative is to go through the legal process of small claims court where I’ll end up with nothing anyway. He has no traceable income and putting a lean against his house doesn’t put the money back in my bank account. Would doing that give him cause to expedite my eviction?


Customer: replied 3 years ago.
Relist: Other.
I'm just waiting on the follow-up response. If she's working on someone else's issue, I'd like to request another contact. If not, and she's still working on mine, I'll wait.
This is common law so there is no statute to site. Just explain how the law works.

I agree, there is no sense paying him rent for August because you are not likely to get the security back. Even though you are not supposed to use the security for that purpose, as long as he is made whole financially then it is ok.

So as long as there is no damage that the security would cover, then you are ok to use it for your last month of rent.

Kimberly
Please be patient, I was working on your answer. Please see above.
Customer: replied 3 years ago.

Please forgive me if you've already gotten this response. The usually follow-up box didn't appear so I wasn't sure. My reply was:


 


Excellent! Thank you. So, just to clarify, if I do this he can legally put my stuff out on the curb September 1st, right?

No. If you don't move out by September 1st, he would then have to legally evict you. Of course, there is a difference between what people "should" legally do and what they do in real life. So he could in fact put your stuff out on the curb if he wants to. Even though that would be illegal. But you would still be stuck with dealing with it so I definitely advise being out by then.

Good luck.
Kimberly
KimberlyLaw and other Real Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

Okay, I will. Thank you very much for your help!


 


Debra

Hi Debra,

Thanks for the positive rating.

To ask me another question in the future, you can bookmark my profile http://www.justanswer.com/law/expert-kimberlylaw or simply ask for me in your question.

Take care,
Kimberly

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