Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

Landlords right to terminate a one year lease without cause.

Customer Question
I own a single family...
I own a single family home in Phoenix, AZ. The home is currently being leased-out for one year. I hired a property manager to find a tenant, negotiate the terms of the lease, and collect the monthly rents. I currently live in Rockville, but I would like to move back to Phoenix. The term of the lease does not expire until 6/30/09. However, I would to terminate the lease in Jan/Feb 2009. May I terminate the lease early? If so, how much notice would I need to give the tenant? I have a management agreement with the property manager that allows me to terminate with 30 days notice.
Submitted: 9 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 3 minutes by:
9/7/2008
Real Estate Lawyer: AlanM, Lawyer replied 9 years ago
AlanM
AlanM, Lawyer
Category: Real Estate Law
Satisfied Customers: 847
Experience: Over 20 years of Experience in all areas of Real Estate and Mortgage Lending/Borrowing
Verified

if the lease has a clause that allows early termintion then you can do so. if there is no such clause in the lease then, no, you would not be able to terminate early. the fact that you have a termination clause with the management agent does not by itself give you such a clause with your tenant.

if you have the clause that allows you to terminate the lease early, you would need to follow the instructions stated there. it would entail a required period of notice etc.

good luck.

Ask Your Own Real Estate Law Question
Customer reply replied 9 years ago

Why doesn't AZ Landlord Tenant Act even address this issue? This issue is clearly defined in most other states.
Real Estate Lawyer: AlanM, Lawyer replied 9 years ago
what do u mean? how is it addressed elsewhere?
Ask Your Own Real Estate Law Question
Customer reply replied 9 years ago
I have reviewed landlord tenant laws in several states including Maryland and Illinois. The landlord has the right to terminate a lease in the aforementioned state with proper notice. The AZ Landlord Tenant Acts states that a landlord can terminate a month-to-month lease with a 30 day notice. It does not address that landlord's right to terminate an annual lease (without cause) at all. The point I am laboring to make - is that the AZ Landlord Tenant Act should state whether I Can OR CANNOT terminate an annual lease - without cause. It should be clearly. If you review that act - you will see that it is not stated at all. I need clarity.
Real Estate Lawyer: AlanM, Lawyer replied 9 years ago

if there is nothing that states that you can terminate a lease then you clearly can not. it is a contract and stays in effect for its term unless something allows it to be terminated. i will take a look at MD and IL to see what you are referring to because i am a bit surprised if that is the case. after all, if it is, what protection at any time is there for a tenant. are you sure you are not referring to a month to month situation?

either way, as stated, a lease is in effect for its full term unless clear language allows it to be terminated.

 

Ask Your Own Real Estate Law Question
Customer reply replied 9 years ago
So what you are saying - is that because it is not stated I should assume the answer is NO. I should not have to assume anything. It should be clearly stated. By way, what recourse does a tenant have should I decide to do so anyway? The landlord's recourse when a tenant breaks a lease is clearly stated. As you stated earlier, the tenant has rights. So what are they when a landlord breaks a lease in AZ? Of course, I would give notice.
Real Estate Lawyer: AlanM, Lawyer replied 9 years ago

you do not assume anything. to the contrary. you draw a lease that states the tenant can occupay the premises for a year. there is and should be no assumption that, without an express right otherwise, you can terminate that and take over. as a matter of fact, the only assumption that would be made is that it should be different and that you would have a right to throw him out. but, as you stated, there is no room for assumption. in that regard, it is clearly stated. a lease gives rights to possession for the period of time expressed in the lease. that is clear.

as far as recourse, firstly, when you give notice the tenant need not vacate. if the tenant voluntarily vacates and essentially agrees to allow the lease to be terminated, you are fine. however, if you give notice and then , without court order and eviction notice, lock the tenant out, not only would you be liable for any costs that the tenant may incur in the process but you would have to allow the tenant to reoccupy the premises. Rule of thumb in ALL jurisdictions: DON'T TAKE MATTERS IN YOUR OWN HANDS AND ABSOLUTELY DO NOT LOCK A TENANT OUT.

 

Ask Your Own Real Estate Law Question
Customer reply replied 9 years ago
Now who is ASSUMING? I never stated that I would evict the tenant.
I simply asked if the lease was terminated w/notice - what recourse would the tenant have? While I appreciate your response, I think you are really missing the point of my emails. I mentioned in an earlier email that the AZ Landlord Tenant Act states what recourse a landlord has when a tenant breaks a lease, however, it does not state what happens if the landlord breaks the lease. The reason why I sought your advice is because it is not clearly stated. I do not have the luxury of a law degree and I wanted to know my options. It would be ridiculous to ASSUME that I did not have any options.

I feel that you have crossed the line for ASSUMING the worst. At this point, I can safely ASSUME that you have NOT reviewed the AZ Landlord Tenant Act.
Real Estate Lawyer: AlanM, Lawyer replied 9 years ago

time out.

you are stating that you are simply asking if the lease terminates with notice but that you are not contemplating eviction. the answer, as i stated, is that it does not terminate because it is effective for its term. further, it is not overly presumptive for me to assume that a question pertaining to a landlord breach would not include the question of what happens if an eviction follows. otherwise, what precisely is going on?

further, if the lease terminates with the notice and the landlord does not immediately evict, in essence, the same result can apply, just with one more step. that is, the landlord would then be able to either immmediately send a notice of eviciton to the extent that the lease is terminated and the tenant has not vacated; or the landlord could immediately send a notice of termination of the then-in-effect month to month lease and when the tenant does not leave, serve notice of eviction. either way, it makes no sense because if the lease is terminated the next step is always to serve a notice of eviction.

further to the above, there is a fundamental difference in the application of recourse when either a tenant or landlord breaks a lease. when a tenant does, landlord can go after the tenant for monetary damages but can not force the tenant to move back in. when the landlord breaches the lease by illegally evicting a tenant, the recourse is that the tenant can gain re-entry and might be entitled to monetary damages. in this instance, the tenant's place of residence has been removed and the necessary recourse is diffreent than simply monetary.

as far as your statement that the AZ code does not state what happens when a landlord breaks a lease, every code does as they state clearly that any eviction can only be done through the courts. to assume that we are not talking about an eviciton but the rights to simply give notice to terminate a lease during its term when there are no defaults by the tenant is certainly a stretch and would essentially remove the entire benefits of a written lease as far as a tenant is concerned. it would basically mean that all leases are de facto month to month leases.

i am sorry if you are viewing this entire scenario through a different lens than i am but a contract is effective until its term unless provisions therein allow for its earlier termination.

 

Ask Your Own Real Estate Law Question
Customer reply replied 9 years ago
Again, you are missing the point. I NEVER stated that I would evict the tenant. Whether you believe that or not, I do not care!!

Although you have been very clear that terminating the lease before the end of the term is not an option, my lease agreement as well as the AZ Landlord Tenant Act is NOT clear - which why I sought you advice. Are you starting to catch on now? There is nothing my lease agreement nor the AZ Code stated that states the penalties you describe (in an earlier email) when the landlord terminates the lease before the term. Obviously, now that I know it's not option - I will not pursue that route. I resent about your remarks regarding my intentions.

Let's try this again. My lease agreement as well as the AZ Code were not clear. I sought your advice. You have been very clear. End of story. Get it.
Real Estate Lawyer: AlanM, Lawyer replied 9 years ago

thank you. my apologies if you took any of my presumptions the wrong way.

i am happy we have now cleared this up and wish you the best of luck.

Ask Your Own Real Estate Law Question
Ask AlanM Your Own Question
AlanM
AlanM
AlanM, Lawyer
Category: Real Estate Law
Satisfied Customers: 847
847 Satisfied Customers
Experience: Over 20 years of Experience in all areas of Real Estate and Mortgage Lending/Borrowing

AlanM is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Can an elderly friend use Cal Civil Code 1946.5 to evict her
Can an elderly friend use Cal Civil Code 1946.5 to evict her great niece who will not leave her home? The girl's mom put her out in Oct and my friend has been letting her stay with her in her home, bu… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
How to stop eviction no notice.was told yesterday to be out
How to stop eviction no notice.was told yesterday to be out by noon today … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
I currently live in apartment that had water damage in
I currently live in apartment that had water damage in August of last year. The repair was not done properly and now 4 months later, the paint is peeling, bleeding and I suspect that there is mold and… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
211 satisfied customers
Landlord is claiming cracked/split as damage from movers.
Landlord is claiming cracked/split wood as damage from movers. However, he did not do a move-in inspection so there was nothing to compare the move-out inspection. He scheduled the move out inspection… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If name on lease. And I get a roommate how do I evict that
If my name is ***** ***** on lease. And I get a roommate how do I evict that person if they don't work out? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
I am evicting a month-to-month tenant and he has refused to
Hi, I am evicting a month-to-month tenant and he has refused to come out of his trailer to take service from me. I already have sent a certified letter that will come Monday. What do I need to do - ge… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
We are currently in the process of evicting our tenants
We are currently in the process of evicting our tenants through court proceedings. We'd like to take pictures of the interior & exterior of the residence as we believe they will trash the place on pur… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
I have a question about 30 day eviction notice from owner in
Good morning, I have a question about 30 day eviction notice from owner in a two family dwelling … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
My company had a month to month tenancy with no lease for 18
My company had a month to month tenancy with no lease for 18 years. The company could no longer pay the rent. I received an email from the landlord to vacate in a week. Subsequently, the landlord sued… read more
KLAW
KLAW
Juris Doctorate
1,773 satisfied customers
Regarding eviction, are commercial tenants handled
regarding eviction, are commercial tenants handled differently … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,547 satisfied customers
I was on a month to month lease, I was given a 60 day notice
I was on a month to month lease, I was given a 60 day notice to vacate which ends this saturday but have not found a place to move due to wanted to buy and was not ready when served this notice. When … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I have tenants in a month to month lease situation (in new
Second opinion] I have tenants in a month to month lease situation (in new hampshire) and have provided them a new list of rules and regulations to sign, the deadline to return them is tomorrow, at wh… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
I have tenants in a month to month lease situation (in new
I have tenants in a month to month lease situation (in new hampshire) and have provided them a new list of rules and regulations to sign, the deadline to return them is tomorrow, at which point I woul… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I have an eviction problem. Florida. I handed him eviction
I handed him eviction letter on Sat, Dec. 2nd after he informed me he called an spoke with a Deputy Hillman either on Friday, Dec 1st or Sat Dec 2nd. Having said that, He did surrender his key to the property prior to that on Thurs, Nov 30th … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
At. my landlord has terminated my rental month to month
Hello, my name is***** at***@******.***. my landlord has terminated my rental month to month agreement and I have been given a 60 day notice to move. However I cannot find a place to move to and have … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I am a homeowner w a verbal month to month someone renting a
I am a homeowner w a verbal month to month someone renting a room from me. What do I do to evict her. I sent an email requesting she leave in 30 days … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
I have given tenants a 30 day eviction on a month to month
Good morning, I have given tenants a 30 day eviction on a month to month agreement and gave them until November 11, 2017, they want to move out and do the walk thru inspection and provide keys on the … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
What is a no cause eviction? If I am in a month to month
What is a no cause eviction? If I am in a month to month that and the landlord decides not to rent to me because she wants to Renovote and increase her rental income can. She do that and what are my r… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x