Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I found a statute saying a victim of domestic violence can terminate lease without repercussion but my landlord won't accept. What do I do?

Answer: Under Arizona law, a tenant who is a victim of domestic violence may terminate a rental agreement without penalty (A.R.S. 33-1318). However, the tenant first must provide the landlord with 30-day written notice (either delivered by hand or sent by registered or certified mail) requesting termination of the rental agreement. Included with this letter must be one of the following: 1. a copy of any order of protection that has been issued to the tenant who is a victim of domestic violence (The 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.) OR 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 is a victim of domestic violence The tenant may terminate the rental agreement pursuant to A.R.S. 33-1318 if the actions, events, or circumstances that resulted in the tenant being a victim of domestic violence have occurred within the 30 days immediately preceding the date on which the tenant gives written notice to the landlord (unless the landlord voluntarily waives this requirement). As long as the tenant meets these requirements and subsequently vacates the rental unit, the tenant will no longer be liable for future rent and may not be charged early termination penalties or fees.