Question: My husband and I are separated (not legally yet) and I was wondering if going through a separation or divorce gives you the right to break your lease from an apartment. Is this true?
Answer:
No. The Arizona Residential Landlord Tenant Act does not have such a provision. A landlord is not required to release a tenant from a lease due to divorce or separation. (There are exceptions for victims of domestic violence and for those serving in the armed forces). You should carefully review the terms of your lease regarding early its provisions for early termination. You might also want to discuss the situation with your landlord. The following article available at azlawhelp.org may also be helpful to you:
Landlord and Tenant Rights and Responsibilities Article
June 19, 2008
Legal Services Corporation