Inheritance and Property Rights/lease agreement question



I am in AZ. I have leased a storage unit since 2005.  I have always been given the option to pay for one year in advance for  a 10% discount.  Two years ago a new owner took over and allowed the same terms.

This year in 1/1/2014,  I received a bill which allowed me to pay the annual payment as usual.  The check for 12 months was cashed 1/16/14.  I received a registered letter dated 2/5/14 due to construction, remodeling and other purposes we must vacate our unit by 4/7/14.  

Our lease says  "the lease will be renewed on a month to month, quarterly or years bases (depending upon payment method chosen).  Either party may terminate this agreement upon given written notice of (30) thirty days"

Question - Since they cashed my check, didn't return my money with the eviction notice, didn't even acknowledge having a year of rent payment, can they legally evict me before the end of my 12 months paid period?  

Loss of this storage unit right now would be a financial hardship as comparable unit size and cost are not available in this area.

I would appreciate your thoughts on this matter.

Sincerely,   Gabriel

It sounds to me like you have a year-to-year agreement if the language says what the duration is depends on how you pay the rent.

The 30 day termination notice would mean, then, that they would have to give you notice of termination not later than Dec 1 for the subsequent year -- what they've done is given you notice well before that, but it's of a Jan, 2015 termination, not a Feb 2014;

If they want to buy out your lease for the cost to you of replacement space and costs to move your stored goods, that is one option.

Simply refunding the pro-rated rent may not be sufficient depending on what your lease agreement calls for.

You may need to get an attorney involved -- but I'd suggest a letter to them first advising them that you have 10 mos left on your year-to-year lease and that if they want to buy you out of those 10 mos here's what the cost is (find out ahead of time what the replacement space will cost & cost to move)

Good luck!


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Probate estate and trust questions regarding California and Arizona estates.


I've been practicing real estate, probate estate and trust law in California since 1985 and in Arizona since 2005. I do NOT do homework questions. I am unable to advise on questions involving the laws of other states.

Arizona and California State Bar Associations and the Ninth Circuit Court of Appeals.

Business degree from the University of New Mexico Juris Doctorate from Lincoln Law School of Sacramento, CA

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