Can I break my lease early in Arizona?

Question

Accepted Answer

Yes — a residential tenant in Arizona has several statutory ways to end a tenancy early, and the right one depends on the tenancy and the reason:

- Domestic violence or sexual assault: A tenant who is a victim of domestic violence, or who was the victim of sexual assault in the dwelling, may terminate by giving the landlord written notice requesting release with a mutually agreed release date within the next thirty days, accompanied by a copy of a protective order or a written departmental report from a law enforcement agency; the tenant then avoids liability for future rent and early termination penalties or fees.

- Fire or casualty damage: If the dwelling is damaged or destroyed by fire or casualty to an extent that enjoyment is substantially impaired, the tenant may immediately vacate and notify the landlord in writing within fourteen days of the intention to terminate, in which case the agreement terminates as of the date of vacating.

- Landlord's material noncompliance: If the landlord materially fails to comply with the rental agreement, the tenant may deliver written notice that the agreement will terminate if the breach is not remedied within ten days; for a noncompliance materially affecting health and safety, the notice period is five days.

- Unlawful ouster or interruption of essential services: If the landlord unlawfully removes or excludes the tenant, or wilfully interrupts electric, gas, water, or other essential service, the tenant may recover possession or terminate the rental agreement.

- Failure to deliver possession: If the landlord fails to deliver possession of the dwelling unit, the tenant may, on at least five days' written notice, terminate the rental agreement and recover all prepaid rent and security.

- Unlawful or harassing entry: If the landlord makes an unlawful entry, a lawful entry in an unreasonable manner, or repeated demands for entry that unreasonably harass the tenant, the tenant may obtain injunctive relief or terminate the rental agreement, and may recover actual damages of not less than one month's rent.

- Periodic tenancies: A month-to-month tenancy may be terminated by written notice given at least thirty days before the periodic rental date, and a week-to-week tenancy by written notice at least ten days before the termination date.

A tenant who leaves outside these routes is not automatically free of rent: if the tenant abandons the dwelling, the landlord must make reasonable efforts to re-rent it at a fair rental, and the rental agreement is deemed terminated as of the date a new tenancy begins.

The routes above apply to residential tenancies under the Arizona Residential Landlord and Tenant Act; mobile home park tenancies and recreational vehicle long-term rental space tenancies are governed by their own separate acts.

Military service: For mobile home park tenancies, the Mobile Home Parks Residential Landlord and Tenant Act provides that a landlord shall not prohibit a tenant who is a member of the armed forces of the United States from terminating a rental agreement with less than two weeks' notice if the tenant receives reassignment orders that do not allow such prior notification.  For any other lease, the federal Servicemembers Civil Relief Act (SCRA) may apply — that is a matter of federal law, so consult a licensed attorney.