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  1. #1
    Join Date
    May 2007
    Posts
    12

    Unhappy Early Lease Termination in Arizona

    My question involves landlord-tenant law in the State of: Arizona.

    I recently accepted a new job in another city and need to break my lease. I am giving a 30 day notice as required by my lease. The termination fees in the lease are astronomical and I would like to figure out how I can reduce them. The lease termination fee is $1500 plus any concessions for the entire lease term. This totals nearly $4500! However, we rent our apartment for $799, but it say it normally costs $1060. I do not know anyone who pays or has paid that much on their rent at all in the past year or two. The management company says you can get out of the fees is you transfer to another property they manage. There are two in the city where I am moving, but are not even close to comparable. The are both in very bad neighborhoods, so they are not an option in my opinion. The manager has already verbally agreed to cutmy fees in half and work out a payment plan. However, I still feel this is way too high and have never seen any other apartment complex charge this much. I plan to get our agreement in writing for whatever we agree upon.

    Can I do better? Is there anything else I can do to reduce the charges? The apartment is great and I have had no problems, so I don't really have anything to use against them. Any suggestions would be appreciated! Thanks.

  2. #2
    panther10758 Guest

    Default Re: Early Lease Termination in Arizona

    You signed a lease and agreed to those terms your pretty much dead in the water. Ask your employer if he can be of any help. You can take your lease to an Attorney but breaking a lease normally cost quite a bit.

  3. #3
    Join Date
    May 2007
    Posts
    12

    Default Re: Early Lease Termination in Arizona

    Ok, that's what I expected, thanks.

  4. #4

    Default Re: Early Lease Termination in Arizona

    You had a couple of options. First, if paying the rent for the balance of the lease was less, you could have done that. Second, you didn't have to accept the fees, you could have simply moved out and agreed to pay the landlord's damages: lost rent and costs to re-rent. Since your rent included concessions, I expect yours is not a good rental market.

    Personally, I think the verbal agreement is your best option. The amount approximates two months rent and I suspect it could cost you more if just breached the lease. And the fact that you are being offered a payment plan... I bet those others you talk about got the same deal.

    Get it in writing, but also protect yourself when moving out. Arrange a pre-move out inspection if possible and take lots of pictures and/or video.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Early Lease Termination in Arizona

    Here's a summary of the law from the University of Arizona:
    Quote Quoting PART 1: Breaking Your Lease
    If you must leave your place before your lease has expired, you do not automatically lose every penny of your deposit. There are some legitimate, legally acceptable reasons for leaving during the term of your lease, such as: the landlord is not complying with the rental agreement (A.R.S. Section 33-1361); the landlord is not supplying essential services (A.R.S. Section 33-1364); the landlord is hassling you with constant inspections (A.R.S. Section 33-1376); the dwelling unit has been damaged by fire (A.R.S. Section 33-1366).

    The “A.R.S.” numbers refer to the Arizona Revised Statutes section of the Landlord and Tenant Act dealing specifically with these issues. See the excerpt here. Consult a lawyer at ASUA Legal Services regarding the proper type of notice to give. If you move out before the lease is up without a legally acceptable reason, both you and your landlord have certain responsibilities:

    You must pay for the rent for the full term of the lease, or until the place is re-rented. You may have to pay the cost of advertising to re-rent the place. The landlord must make a reasonable effort to re-rent the premise and keep damage charges to a minimum. The landlord can only keep as much of your security deposit as can be justified as money actually lost due to your breaking the lease.

    In this situation, the person moving should either find a substitute roommate or provide his/her share of the rent until one is found. The remaining roommates may have to resort to taking court action. This will be much easier if the roommates have signed a Roommate Contract, page 67. The same guidelines apply when it comes to signing the utility companies — you sign, you pay.

    Send your landlord a letter by certified mail, return receipt requested, giving notice that you intend to break your lease early (see Sample Letter #4, “Self-Protection When Breaking a Lease”) When you send this notice, you have in theory violated your lease contract, therefore, it is wise to stop by and talk to your landlord. The landlord may have another tenant ready to move in and not be concerned about your moving. In some cases, the landlord may want compensation for the trouble of re-renting the place.

    If the landlord wants only a small amount, it may be easier to pay than to become involved in a dispute. If your landlord has your security/cleaning deposit, you may offer to let him/her use part of this as settlement for any damages arising from you leaving early. If it is not possible to deal rationally with your landlord, or he/she will not make a written release, you should take steps to protect yourself.

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