Legal Question in Real Estate Law in Arizona

Hi,

I've been leasing a home through a property manager for almost one year, the lease runs out Oct 1st. I got a letter in the mail from the property management company asking me if I wanted to renew the lease at the end of August. My wife and I had already decided we wanted a larger home with a pool and made arrangements for it prior to that notice. The notice said that if we were not renewing to come in to do some closing paperwork, so I did when I made my September's rent payment. When I came in however I was told by one of the managers that I need to set an appointment and to do so "next week". So I call to make an appointment and they say "ohhh nooo, if you're not renewing there's no appointment, you had to submit a 30 day notice, you'll probably have to pay another month, he must have misunderstood you..." I can't afford another month, and while it may have been a misunderstanding, it just smells like a dupe to get another month's worth of rent/take it out of the $1,600 deposit I made (and currently need back to pay bills I had to ignore to pay rent + the security deposit on the new house) when I began the lease. Am I now liable for another month because of their "misunderstanding"?

This just happened today, I haven't consulted my legal department yet (USMC) but I wanted to check online to see if anyone had anything to say about it. I'm guessing I'm liable because contracts > here-say and they can just lie meanwhile I have no hard proof that I did come in 30 days prior but was deceived (intentional or not). So am I going to have to sue to get my money if they stick me with another month, or is there some legal channel I can use to prevent them from charging me another month?

Thank you very much,

-Ryan


Asked on 9/16/09, 9:50 pm

1 Answer from Attorneys
Joan Bundy Joan Bundy Law

Everyone is imputed to know the law, including tenants. You have to give 30 days' notice in writing, regardless of what anyone said or did otherwise. It does sound like it may have just been an honest misunderstanding. Regardless, it sounds like you may be overextending yourself if you can't even pay your bills without any kind of cushion for deposits and the like. Can you get your deposit back on the other house and just wait on that a little while until you build up some more equity?

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Answered on 9/26/09, 10:48 am


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