Eviction

questions & answers

Question: Can landlord charge early lease termination fee after I've been evicted? I had 1 month left on my lease before eviction, rent is cheaper than the early termination fee & apartment was rented about 3 weeks after I moved out.

Answer: Pursuant to A.R.S. 33-1368(C), in the event of an eviction, you may be liable for: C. The landlord may recover all reasonable damages resulting from noncompliance by the tenant with the rental agreement or section 33-1341 or occupancy of the dwelling unit, court costs, reasonable attorney fees and all quantifiable damage caused by the tenant to the premises. Notwithstanding the foregoing, the landlord is not entitled to a windfall for kicking you out early. While they can recover the unpaid rent (for the time they did not have a tenant), court costs, and reasonable attorneys' fees, I think you have a strong argument that they get to be made whole, not be made more than whole. That is consistent with A.R.S. 33-1305(A): 33-1305. Administration of remedies; enforcement; notice and pleading requirements A. The remedies provided by this chapter shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages. Here is the full text of the Arizona Residential Landlord Tenant Act for your reference. It contains the statutes above as well as additional statutes that may be helpful: https://housing.az.gov/sites/default/files/documents/files/Landlord-Tenant-Act-ADOH-Publication-July-2018_0.pdf

QUESTIONS

  • Can landlord charge early lease termination fee after I've been evicted? I had 1 month left on my lease before eviction, rent is cheaper than the early termination fee & apartment was rented about 3 weeks after I moved out.

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