A renter may legally break an apartment lease in Arizona if she is a victim of domestic violence or on active military duty, if the apartment is unsafe or if the landlord violates the tenant's privacy, according to Nolo. The right way depends upon each renter's personal circumstances.Continue Reading
There are several circumstances whereby one is justified in breaking a lease in Arizona, Nolo states. One can break a lease if she's a victim of domestic violence, in accordance with the Arizona Revised Statutes, Section 33-1318.
A member of the armed forces may break a lease when embarking on active military duty, in accordance with the federal War and National Defense Service Members Civil Relief Act. The servicemember must give written notice to the landlord, then the tenancy terminates 30 days after the next rent is due, according to Nolo.
In the event that a rental unit is unsafe or violates Arizona's health or safety codes, a court may conclude that the tenant has been “constructively evicted,” which means the landlord isn't providing livable housing, Nolo states. There are specific requirements a tenant must follow and the law requires that it is a serious problem, such as no heat or other crucial service. These requirements are outlined in Section 33, clauses 1363 to 1365 in the state statutes.
If a landlord harasses a tenant or violates her right to privacy by entering the apartment without two days notice, changing locks, removing windows or turning off utilities, the tenant also is considered to have been constructively evicted, states Nolo. The tenant could then break the lease without any more obligations.
The University of Arizona's Student Legal Services recommends seeking legal advice before taking any action on breaking a lease.Learn more about Real Estate
To get out of an apartment lease, a renter needs to read over the lease for an opt-out clause, speak with his landlord and help find a new tenant, notes U.S. News. Depending on the circumstances, a renter might be charged for any months remaining on the lease.Full Answer >
A rental lease agreement includes the names of every tenant, the limits on occupancy, the terms of tenancy, the rent, and any deposits or fees, writes Nolo. Responsibilities for repairs and maintenance, legal right of access to property, and other restrictions should also be detailed.Full Answer >
A landlord's rights for eviction from a rental property include being able to evict a tenant for not paying rent, violating the terms of the lease, damaging the property and engaging in illegal activity, according to Nolo. Eviction laws and procedures differ from state to state.Full Answer >
When taking out a commercial lease, a renter must negotiate the length of the lease, current rent, potential rent increases, tenant improvements, subleasing options and assignments, according to Nolo. The initial lease terms typically favor the landlord, so it is the renter's obligation to negotiate more favorable terms.Full Answer >