Question:

Rental lease in arizona. Is it legal?

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I signed a lease in October. It was suppose to be a 1 year lease. The landlord made a mistake in the typing and the lease starts on oct 1 2007. and is in effect till oct 1 2007. it states this in two places and nowhere else dose it state any other dates. The landlord is now making demands that are not in the lease and I'm fed up and want to leave. with the lease being over 9 months ago am i considered a month to month renter. anyone give me some info. or where to look this info up

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  1. The lease is invalid,because there is a major clerical error on his part.


  2. The where to look it up would be by calling the county office that handles this.  Look in the yellow pages for something like "Landlord/ Tenant affairs".  

    Without a valid time frame I think maybe you are right about this essentially being a month to month lease, and that with 30 days notice (or whatever proper notice is there) you can move on - but as you suggest, you'd better check it with someone who knows the laws where you are.

    Anyhow, I think you are on the right track and can't see how you couldn't be able to get out of this lease with notice (I mean its a lease with no time frame) but I'll almost guarantee you the landlord will try to keep your deposit anyhow - be ready for that.

    One more thing though.  If this lease would only run thru Oct 1, 2008 anyhow (thats only about 50 days out) and you've still got to give 30 days notice maybe it would be best not to antagonize the landlord and just give notice now to leave Oct 1, 2008.  Then you (hopefully) won't have them trying to take your deposit and its only a few extra weeks.

  3. If it says Oct 1 2007 and end Oct 1 2007 and no where else states that it is a one year lease starting on that date then you are pretty golden.  

  4. Does the lease say it is a one year lease?  It doesn't really matter that it says Oct 1, 2007 thru Oct 1, 2007.  They can easily state it is a scribener's error especially if it states that it is a one year lease.

    The landlord cannot make any demands (not on lease) without a written amendment to the lease.  

    If in fact you signed Oct 1, 2007, then you are still considered his tenant until Oct 1, 2008 if the first paragraph is true.

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