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Should I talk to an attorney regarding a break of rental agreement?

Scottsdale, AZ |

We had been staying in an apartment for almost a year, we and originally signed a 6 month lease while our house was being rebuilt. After 6 months we went month to month. At the end of January we went an spoke to one of the apartment managers who had us sign another agreement to extend the lease again. When my mom walked up to the office to find out how much rent was due, the other apartment manager said, "oh I've been meaning to tell you.i rented your apartment you have to be out by the 5th" it was February 1st when she told us. We frantically looked for a moving company, and she said she would try to talk the person into changing their move in date. Eventually it got pushed back to feb 11th, but still I'm pretty sure it's supposed to be 30 days notice. We've been stuck in a hotel since.

Attorney Answers 2

Posted

Without seeing the documentation that was signed it is difficult to answer specificallly, but based on your recitation of facts it apepars that the landlord would have been required to give you thirty days notice. Call an attorney and set up an appointment.

This information is provided for general informational purposes and is not intended as legal advice. An attorney licensed in your jurisdiction can answer questions specific to your specific fact situation and provide you appropriate advice as necessary based on the specific facts of your matter and the jurisdiction in which you reside. If you are in Arizona and interested in discussing your matter further I can be reached at: (480) 838-9000 Mark D. Fullerton, P.C. 1839 S. Alma School Road, Suite 275 Mesa, Arizona 85210

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3 lawyers agree

Posted

I agree with attorney Campbell. As a month to month tenant, you are entitled to 30 days written notice coinciding with the date of your monthly agreement. So if your agreement was for payment on the first of the month and you didn't receive notice until the tenth of the month, you would not be required to vacate until 30 days after the first day of the following month.
You indicated that you signed a second agreement after the six-month lease expired. Review it carefully to confirm it didn't alter the standard notice requirements.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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