Legal Question in Landlord & Tenant Law in Arizona

Landlord tenant act

We need to break our lease for financial reasons. Our landlord is not compromising much and I need to know my rights regarding abandonment. Which document overrides the other, my lease or the Landlord Tenant Act?


Asked on 3/08/07, 2:38 pm

2 Answers from Attorneys

David Anderson Anderson Business Law LLC

Re: Landlord tenant act

Need to read the lease and review the statute to advise you. Other than Bankrptcy there are only limited options for breaching a lease. I have been a LL for 25 years.

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Answered on 3/08/07, 8:08 pm
Jeanne Whitney Whitney Law Office

Re: Landlord tenant act

FIRST you need to get a copy of your lease and review the terms carefully, these are the contract terms you agreed to and to which you will generally be bound. You didn�t detail your �financial reasons� but there are some reasons for which ending a lease is allowed, such as military service members being transferred. SECOND you should then review the full Landlord Tenant Act, the landlord may have provided you with a copy or check on the Secretary of State for Arizona website for a copy. Your local library will have a copy, also. If terms about ending the lease early are not set out in the lease, the terms of the Landlord Tenant Act would come into play.

You might wish to consult with an attorney or you may qualify for services with Legal Aid. Check azlawhelp.org for your local office. I work in southern Arizona, not Maricopa County, but would be able to discuss the matter with you and review all the documents. There would be a fee for my services. If you choose to proceed on your own, (a) provide written notice to the landlord about when and why you are terminating residence, (b) turn in your keys, clean up the place, and request an inspection by the landlord, (c) the landlord should provide an accounting of any deposit money, whether it�s applied to future rent or damages, (d) you could try to find a new tenant, who could take over living there and rent payments, which the landlord would need to give final approval to the new tenant, (e) the landlord is obligated to try and find a new tenant once you move out, and (f) you could be financially responsible for rent for each month remaining in the lease. GOOD LUCK

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Answered on 3/10/07, 11:23 pm


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