My question involves landlord-tenant law in the State of: Arizona, Maricopa County.
This is actually a question for my girlfriend who is having to move out of her condo due to personal reasons. She's trying to minimize her damages. Here are the details.
Part 1 -
Lease is for 1 year, standard AZ residential lease. She gave a 30 day notice to which her landlord replied that she would get back to her with the amount to break her lease...this is what her landlord replied with(I'm assuming this came from the landlords realtor):
now there is nothing in the lease regarding penalties for utilities or cleaning. There was a non-refundable pet deposit but not cleaning deposit. Just a security deposit equal to 1 months rent.Penalty schedule
If the tenant has already paid rents for October, then the balance of the current lease she still owes is Nov. 1, 2009 - February 19, 2010. $3613,35.
Also there will be costs of finding a new tenant. 7% of the gross lease. $819.00.
Additionally, the tenant is responsible for the utilities on the property during the lease term. (assuming a monthly electric and water bill are $150.00 per month) $525.00 3.5X150.
Also, there may be costs of advertising the property in the newspaper, signs, websites, etc. (some of which are not always covered in the leasing fee) $100.00.
Further costs to the tenants may be cleaning of the carpets and floors, maintenance of the exterior landscaping and patio, periodic clean up of the counters and cabinets, etc. $500.00.
The extent of the combined absolute and possible liabilities could be up to $4738.35.
Subtract from the total the security deposit that you are holding and the balance of liability of $3763.35.
Her landlord went so far as to say that she was even going to charge her for the real estate commissions she has to pay to re-rent the place..absurd.
Her landlord has the property listed as "owner occupied" with the county.
Per Arizona Revised Statutes Section 33-1902 requires that all owners of residential rental property in Arizona must file certain information with the county assessor of the county in which the property is located and update the information within ten days of any change. An owner who fails to file the required information may be fined $1,000 plus an additional $100 for each month the filing is delinquent.http://www.keytlaw.com/leasinglaw/residentialagent.htmTenant's Right to Terminate Lease if Information Not on File
If an owner or Arizona residential rental property has not filed the required information with the county assessor and the residential rental property is occupied by a tenant, the tenant may choose to terminate the tenancy by delivering to the landlord, owner or managing agent of the property a written ten day notice to comply with this Section 33-1902. The notice shall be delivered by certified mail, return receipt requested, or by hand delivery. If the residential property owner does not comply with Section 33-1902 within ten days after receiving the notice, the tenant may terminate the rental agreement and the landlord must return all prepaid rent to the tenant.
So all that being said, what do you guys think is her best course of action?? She is at the point now where she just plans to walk away from the property at the end of the month and let her landlord come after her for damages. Should she try sending the registered letter regarding the statute or is it not worth her time?
Thanks in advance.