If a residential tenant’s lease will be expiring or a tenant is on a month to month lease, unless the written lease requires additional time for a termination notice, a landlord or a tenant can provide the other with a notice of nonrenewal of the lease or notice of termination of a month to month tenancy with a 30 day notice. When this notice is given to the other, however, is important. A thirty day notice to terminate a lease or month to month tenancy notice given by a landlord to a tenant on March 6th does not mean the tenant must vacate on or before April 6th. It depends on what day rent is due.

The 30 days (the notice period) begins running on a nonrenewal notice on the first day of the rental period. If rent is due on the first of the month, the first of the month is the start of the rental period. Therefore a tenant or a landlord must be given the 30 day notice prior to the first of the month for the notice to be effective by the end of that month. If, however, rent is due on the 15th of the month, the notice must be given to the other party prior to the 15th of the month to be effective by the 15th of the following month.

Let’s review some examples.

  1. If a tenant’s lease expires July 31, 2026 and a landlord has chosen not to renew the lease, the landlord must provide a thirty day notice of nonrenewal to the tenant before July 1, 2026. A notice given on June 2nd for a lease that expires on July 31st means the tenant must vacate by July 31st; the tenant does not have to vacate July 2nd.
  2. If the tenant is month to month and rent is due on the first of the month, and a thirty day notice of termination is given to a tenant on June 2nd, the thirty days does not begin to run until the start of the next rental period, July 1st. Therefore the tenant is obligated to vacate by July 31st.
  3. If rent is due midway through the month (not when late fees start but the date rent is due), that is the start of the rental period. If rent is due on the 15th of the month, a notice to terminate must be provided prior to the 15th of the preceding month. For example, if the lease expires August 15th and rent is due on the 15th of the month, the notice to terminate must be provided before July 15th.

Many landlords and tenants run into problems when they mail 30 day notice on the last day of the month. Proper service of a notice is generally hand delivery or by sending the notice via certified mail in Arizona. In Arizona, a notice is deemed received five days after it is sent via certified mail according to ARS 33-1313. Therefore, if a notice is sent June 30th via certified mail, unless the recipient signs for and acknowledges receipt before the first of July, the notice is not deemed received until July 5th. The thirty days for that notice does not begin to run until August 1st (assuming the rental period begins on the first of the month.)

Best Practice Tip: If you have decided not to renew a tenant’s lease or have decided to terminate a month to month tenancy, start early. Mail a notice a minimum five days before end of the month (or before the start of a rental period.) I recommend sending the notice when possible at least 45 days before the desired or anticipated termination date.

Mailing a termination notice on the last day of the month does not mean the lease ends 30 days after the notice is sent.