A. A tenancy from year to year terminates at the end of each year unless written permission is given to remain for a longer period. The permission shall specify the time the tenant may remain, and upon termination of such time the tenancy expires.
B. A lease from month to month may be terminated by the landlord giving at least ten days notice thereof. In case of nonpayment of rent notice is not required.
C. A tenant from month to month shall give ten days notice, and a tenant on a semimonthly basis shall give five days notice, of his intention to terminate possession of the premises. Failure to give the notice renders the tenant liable for the rent for the ensuing ten days.
D. When a tenancy is for a certain period under verbal or written agreement, and the time expires, the tenant shall surrender possession. Notice to quit or demand of possession is not then necessary.
E. A tenant who holds possession of property against the will of the landlord, except as provided in this section, shall not be considered a tenant at sufferance or at will.
Notes of Decisions
Alton v. Tower Capital Co., 601 P.2d 602 (Ariz. 1979).
· cites it 6× “A.R.S. § 33-341(B). *604 Forcible entry and detainer actions are governed by A.”
William Henry Brophy Coll. v. Tovar, 619 P.2d 19 (Ariz. Ct. App. 1980).
· cites it 2× “The notice as to 2339 was stated to be pursuant to the presumed month to month tenancy, and gave more than the 10 days notice required by A.R.S. § 33-341. Appellees failed to vacate the premises and appellants commenced the present forcible detainer action.”
Klimkowski v. De La Torre, 857 P.2d 392 (Ariz. Ct. App. 1993).
· cites it 5× “*343 In Arizona, a landlord has the right to terminate a month-to-month tenancy at the end of each month for any reason or no reason at all, provided he gives ten days notice pursuant to A.R.S. § 33-341. 3 Under section 33-341, therefore, a landlord can regain the ability and…”
Lane v. Hognason, 470 P.2d 478 (Ariz. Ct. App. 1970).
· cites it 4× “The plaintiff failed to give the ten days notice of termination required by A.R.S. § 33-341, subsec. B prior to institution of the suit.”
Pima Cnty. v. Testin, 840 P.2d 293 (Ariz. Ct. App. 1992).
· cites it 2× “We begin our discussion of this issue by setting forth the relevant statutes, the first of which is A.R.S. § 33-341 regarding the termination of tenancies.”
Lake v. Stewart, 573 P.2d 920 (Ariz. Ct. App. 1977).
· cites it 2× “A.R.S. § 33-341(B) provides: “A lease from month to month may be terminated by the landlord giving at least ten days notice thereof.”
Makalla v. Superior Court of Cty. of Maricopa, 579 P.2d 39 (Ariz. 1978).
· cites it 2× “His lease is therefore not within the exceptions stated in § 33-341(E). By § 33-361, when a tenant violates any provision of a lease, the landlord may re-enter, or commence an action to recover possession of the premises.”
McPhaul v. McPhaul (Ariz. Ct. App. 2023).
· cites it 2× “at 111 (discussing four unities required to create joint tenancy); (2) tenants in common, meaning there was a reconveyance from Husband back to Wife after the 2015 refinancing, see A.R.S. § 33-341(A); or (3) the separate property of Husband, meaning there was no re-conveyance…”
Growth v. Tenbar (Ariz. Ct. App. 2024).
· cites it 2× “¶73 The putative tenant argues it had, even with no assignment of the lease, “statutory lease rights as a month-to-month tenant under A.R.S. § 33-341” because it paid rent, the landlord accepted that rent, and the putative tenant occupied the facility.”
— Ariz. Rev. Stat. § 33-341(A) — 1 case
McPhaul v. McPhaul (Ariz. Ct. App. 2023).
“at 111 (discussing four unities required to create joint tenancy); (2) tenants in common, meaning there was a reconveyance from Husband back to Wife after the 2015 refinancing, see A.R.S. § 33-341(A); or (3) the separate property of Husband, meaning there was no re-conveyance…”
— Ariz. Rev. Stat. § 33-341(B) — 2 cases
Alton v. Tower Capital Co., 601 P.2d 602 (Ariz. 1979).
“A.R.S. § 33-341(B). *604 Forcible entry and detainer actions are governed by A.”
Lake v. Stewart, 573 P.2d 920 (Ariz. Ct. App. 1977).
“A.R.S. § 33-341(B) provides: “A lease from month to month may be terminated by the landlord giving at least ten days notice thereof.”
— Ariz. Rev. Stat. § 33-341(E) — 1 case
Makalla v. Superior Court of Cty. of Maricopa, 579 P.2d 39 (Ariz. 1978).
“His lease is therefore not within the exceptions stated in § 33-341(E). By § 33-361, when a tenant violates any provision of a lease, the landlord may re-enter, or commence an action to recover possession of the premises.”
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