Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Due to an unforeseen medical condition which is now being treated by hospice care,can a tenant legally "break" a rental agreement because this place of residence is not handicap accessible?

Answer: There are a couple of issues here. Issue #1: There are no provisions within the Arizona Residential Landlord and Tenant Act that permit a tenant to get out of a rental agreement due to illness. So unless the rental agreement itself contains such a provision the tenant remains obliged to pay the agreed-upon rent. However, if a tenant were to vacate a rental unit due to illness (or for any other reason) before the expiration of the rental agreement, then the landlord would have a duty to “mitigate” (reduce) the landlord’s losses by actively seeking a replacement tenant (A.R.S. 33-1305). Issue #2: Under the federal Fair Housing Act (42 U.S. Code § 3604) a landlord is required accommodate persons with disabilities by (for example) permitting disabled persons to make temporary modifications in order to make it possible for them to fully use and enjoy the rented premises.

Comments:

QUESTIONS

  • Due to an unforeseen medical condition which is now being treated by hospice care,can a tenant legally "break" a rental agreement because this place of residence is not handicap accessible?

STORIES

  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

  • Welcome to our Newly Redesigned Website! Let us know how we are doing! Please take a couple of minutes to fill out our survey.

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS