questions & answers

Question: I had to leave a rental property because of an order of protection. The problem is that I had already paid in full the hole lease in advance. The law states that he is supposed to refund my money in case of a domestic violence issue. I have not received any money from him or the return of my security deposit either and he is refusing to pay me. What do I do to get my money he owes me back?

Answer:

According to A.R.S 33-1318

A tenant may terminate a rental agreement pursuant to this section if the tenant provides to the landlord written notice pursuant to this section that the tenant is the victim of domestic violence as defined in section 13-3601. The tenant's rights and obligations under the rental agreement are terminated and the tenant shall vacate the dwelling and avoid liability for future rent and shall not incur early termination penalties or fees if the tenant provides to the landlord a written notice requesting release from the rental agreement with a mutually agreed on release date within the next thirty days, accompanied by any one of the following:

1. A copy of any protective order issued pursuant to section 13-3602 to a tenant who is a victim of domestic violence. A landlord may also request a receipt or signed statement that the order of protection has been submitted to an authorized officer of a court for service.

2. A copy of a written departmental report from a law enforcement agency that states that the tenant notified the law enforcement agency that the tenant was a victim of domestic violence.

 In section D the law states that if a tenant terminates the rental agreement, the tenant is only responsible to pay up to the date of the lease termination plus any previous obligation. Additional the section states that if the tenant has prepaid rent that would apply for the month in which the lease is terminated, the landlord may retain the prepaid rent and no refund is due to the tenant. However the security deposit cannot be withheld if the early termination of lease was given with a thirty day written notice to the landlord, the request was made within thirty days the protective order was issued, and there are no damages to the property. The Landlord Tenant Act has no mention has rent paid past the month of request for termination. I suggest that you consider consulting an attorney to know what your legal rights are for the reimbursement for the prepaid rent money toward your lease.

You may want to contact an attorney.  See if you qualify for free or reduced legal services at http://www.azlawhelp.org/accesstojustice/

http://www.azhousing.gov/azcms/uploads/PUBLICATIONS/Landlord%20Tenant%20Act.pdf