After transferring ownership, when does 30 day period to evict start?

Question

I just acquired a triplex in Arizona. One of the tenant’s lease expires on 10/24/24 in less than a week. I am closing tomorrow 10/18. I plan to hand deliver the 30-day notice to vacate tomorrow 10/18. Does the tenant have 30 days to vacate the premise starting on 10/18? In other words, would he need to vacate by 11/18? Or does the tenant have 30 days to vacate the premise starting on the day rent is historically due? So if tenant was paying rent on the first of the month, will he now have until 11/30 to vacate the premise even if I deliver the notice tomorrow 10/18?

Thanks for the advice.

Kelsey

Doug McVinua · Answer

@Kelsey Vander Meulen , with all the above stated, does the lease state anything different regarding the notice? Some leases are written with 60-day notices, etc., so read the lease as it could trump the statute.

Doug McVinua · Answer

@Kelsey Vander Meulen Leases transfer with the property. You will not need or want a new lease. If you were to enter into a new Lease, you would also restart the Notice periods. Let the old lease roll over month to month. Be sure they receive the Notice of Non-Renewal in October, and the property (unit) should be back in your possession at the end of November.

On another note, the Property Management agreement does not transfer; it will end at the moment of the recording (sale).

Drew Sygit · Answer

@Kelsey Vander Meulen many get this wrong!

Legally (most states), a 30-day Notice MUST cover at least one rental payment period.

For most leases, the lease payment period is based on a CALENDAR month.Where it gets tricky, is WHEN you serve the Notice!Let's say you serve the Notice October 18, because it's the middle of a calendar month, the required lease payment period would be November, so you would have to wait until December 1st to start a court case for noncompliance.

If you wait to serve until November 1 or later, you would have to wait until January 1 to start a court date.

Of course, the tenant may not know this, but you are under no legal obligation, in most states, to educate them.

Doug McVinua · Answer

@Kelsey Vander Meulen As a Property Manager in AZ, I would deliver a 30-day Notice of Non-Renewal via Certified Mail at least seven days before the renewal date (when the rent is due). If the rent is due on the 1st of the month, the tenant must be out by the end of the month. Hand-delivered and signed for works as well as certified mail, but I would not just put it in the door.

Theresa Harris · Answer

Normally it is 30 days, but to be safe, I'd give them notice now and ask them to be out by Nov 30.  That gives them time to find a place.  If they need to move because you are moving in, you can let them know they are free to move sooner if they find a place.

Kelsey Vander Meulen · Answer

Hi Drew,

This makes sense. Thank you for explaining...

For clarity to other Bigger Pocket members, I spoke with a property manager that only manages Arizona properties. According to her, because the tenants pay their rent by the 1st of the month, if I were to hand deliver the 30-day termination of tenancy notice on October 18th, the soonest the tenants would be required to vacate the premises would be November 30th.  So the date which the tenants pay their rent is critical in determining the start date of the 30-day period.

Nicholas L. · Answer

@Kelsey Vander Meulen

hi. it's not an 'eviction' if you're simply giving a notice to vacate.

i would consult a local expert - a property manager or an attorney.

good luck

Kelsey Vander Meulen · Answer

This is very helpful- thank you @Doug McVinua!

Kelsey Vander Meulen · Answer

Additional question, the owner's property manager has agreed to deliver the 30-day notice in-person as we have not yet closed. One of the tenant's lease with the owner ends on 10/24/24. But given the above mentioned laws, the soonest the tenant would be required to vacate would be 11/30/24. When I deliver the new lease for the tenancy from 10/25/24 through 11/30/24 can it just be your standard month-to-month tenancy lease- or do I need to also attach my own 30-day notice with it?

Doug McVinua · Answer

@Kelsey Vander Meulen , it is not essential who delivers the Notice; what is essential is the clarity of its delivery. Hence, the tenant's signature and date on a copy. As long as the tenant receives it and signs a copy, you should be good.

Certified Mail works because the Courts accept this as delivered even if the tenant never picks it up. It seems strange, but some statutes are old and outdated and have a few peculiar elements.

After transferring ownership, when does 30 day period to evict start?

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