My daughter rented a room from a lady. She charged 400.00 a month. On June 2, the day after she paid her rent, this lady told her that she is giving her a 30 day notice to move. However, she gave her until the 15th to be out before she changed the locks. My daughter asked her about the rent she paid until July 1 and the lady told her that she has the right to keep part of the rent to have professional cleaners come and clean the room. She never mentioned this to her before and she has never charged her any kind of a deposit. Only the rent. Can she do this?
My daughter has always kept the room clean so that is not an issue. She claims she has cleaning people come in and clean the room each time a tenant leaves.
Real Estate Attorney
Unless your daughter had a written lease that addressed this issue, this is a difficult issue to address. Your daughter could sue in small claims court to recover, but it may not be worth her while and she may not win.
If rent pay day is the first of the month, and the landlord gave notice (which needed to be written) on June 2, then you do not have to leave until the last day in July. It is 30 days from the next rent due day, and the next one is July 1. This is per the Arizona Residential Landlord-Tenant Act, which the landlady must abide by whether she likes it or not. There are also procedures for protecting your security deposit in the Az L-T Act.
Family Law Attorney
If your daughter paid rent on the 1st, the notice to vacate on the 2nd extends the lease through the following month. The landlord cannot change locks on the 15th or apply rent against cleaning fees if this was not part of the lease.
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