Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I sigend a year long lease in January but may have to move back to Arkansas to care for my elderly parent. What are the ramifications or possibilities of breaking the lease early??

Answer: In Arizona, damages for failure to pay rent is governed by A.R.S. 33-1368, which provides in part: 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. Essentially, the landlord could sue you and get a judgment against you for the rent through the end of your 1-year lease (minus any rent they receive by trying to re-lease the premises), attorneys' fees, court costs, and any damage to the property. Whether or not they could or would try to collect against you in Arkansas (they would need to move the judgment there if you do not have assets in Arizona), is a different question. You may also consider being proactive and talking to your landlord. Some are receptive to these types of issues. I wish you the best.