Early Termination of Lease Agreements in Arizona
As required by the Arizona Residential Landlord and Tenant Act, tenants can terminate their leases prior to the end of their tenancies if they have oral lease agreements. If they are bound by written leases, then they can terminate their tenancies before the end of their lease terms if their leases allow for early termination.
Written Leases
To terminate a tenancy, a tenant who executed a written lease must comply with the terms of the agreement. Although some written leases allow tenants to terminate their tenancies before their leases expire, most do not. There is no Arizona law requiring landlords to consent to early termination if they have executed written leases with their tenants. Similarly, a tenant who seeks early termination can request a sublease arrangement with her landlord, but her landlord is not required to provide consent to the subleasing arrangement.
Verbal Leases
Under Arizona law, landlords do not have to enter into written leases with their tenants, and they may instead choose to use oral leases. If a landlord and tenant have an oral lease, then both parties may prematurely terminate the tenancy with written notice. For a tenant with an oral agreement to rent on a monthly basis, he must give his landlord at least 30 days of advance written notice to terminate the tenancy. He must provide this advance notice at least 30 days before the next lease term begins. For example, a tenant who pays rent on the first of every month must provide his termination notice by June 1 if he wants to move out by August 1. Tenants who rent on a week-to-week basis must give written notice at least 10 days before the beginning of the next rental period.
Failure to Vacate
If the tenant does not pay rent, does not move by the end of the tenancy or does not move by the end of the termination period, then landlords have legal recourse to collect incidental and willful damages for holding over their tenancies illegally. Under Arizona law, landlords can collect double damages from holdover tenants equal to double their rental fees, plus any actual incidental damages.
Security Deposits
The Arizona Residential Landlord and Tenant Act allows landlords to apply their security deposits to cover unpaid rent. If a tenant fails to provide the required written notice for early termination, her landlord can keep her security deposit to cover unpaid rent and sue her for any remaining unpaid rent. If she is owed money, then her landlord must return her security deposit within 14 days after she moves out. Her landlord must also send her a written itemization of deductions within 14 days, and if he fails to properly send the itemization or deposit within 14 days, then he must return the entire deposit.
Considerations
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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