questions & answers

Question: I work for a private Fiducairy Company in AZ. I have a client who is in a year lease at an apartment complex. He ended up in the hospital three weeks ago and his physicians are stating he cannot return home and must be placed in nursing care facility. The Apartment complex is stating he must pay next months rent and a $700.00 fee to break the lease. Are there any provisions or statutes in the Landlord Tenant Act that would help my client. He is on a fixed income and lives on his monthly VA benefits and Social Security. He does not have extra resources to pay for rent at the apartment and pay for a nursing facility too.

Answer: Residential lease agreements are contracts, and determined by the terms, including “Early Termination” penalties and obligations (Tenant Notice and amounts owed by Tenant upon vacating the premises. The Arizona Residential Landlord and Tenant Act, which can override inconsistent lease terms, does not allow Early Termination of leases except in domestic violence situations and for law enforcement tenants [ARLTA, sections 33-1318, 33-1319]. This answer is provided for information only; if you are looking for legal advice, you may want to read the article on "Where to Find an Attorney for Specific Legal Advice.