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.