questions & answers

Question: Landlord gave permission for me to move out early and help find another tenant. Its been almost 2 months and no one has been approved. Landlord has changed rent price multiple times in ad and doesn't follow up with possible applicants. Plus repairs being done to place means I haven't lived at property all of June. Can I just move on and not worry about paying rent and get my deposit back? My lease is through Dec. 2016, but my landlord doesn't seem to be very quick on finding a new tenant or making sure repairs are done in a timely manner. Repairs are on the chiller system and bathroom as well.

Answer: There are a number of separate legal issues involved here. 1. Termination of lease and notice Under the Arizona Residential Landlord and Tenant Act, landlords and tenants are required to provide formal “notice” whenever they want (or agree) to alter the terms of a lease. Unless the lease itself says otherwise, such “notice” generally should be delivered either directly by hand or by registered or certified mail (A.R.S. 33-1313). What this means is that unless your landlord gave you permission, and did so in writing, to move out early, your original lease may still be in effect. It is always a good idea for a tenant to put the terms of any informal arrangement they make with their landlord into writing, in a letter, and to deliver a copy of that letter to the landlord along with a request that the landlord sign it and return it. (Landlords who truly intend to respect the terms of such arrangements ordinarily prefer that they are stated in writing as well, so that their tenants will be unable to cause them hardship by changing their minds.) 2. General obligation of good faith Under Arizona law, landlords and tenants are required to carry out their agreements and to fulfill their responsibilities toward one another in “good faith” (A.R.S. 33-1311). So if a landlord or tenant promises to do something, they must make an honest effort. They must genuinely try to do whatever it is that they promised to do. What this means is that if a landlord or a tenant agrees (for example) to try to find a new tenant, the legal obligation of “good faith” requires that they make a legitimate attempt to do so. (In your specific situation, the first question that needs to be answered is whether your agreement with the landlord is an enforceable one. And again, it always helps when such agreements are in writing.) 3. Landlord duty to make repairs and tenant remedies for non-compliance Under the Arizona Residential Landlord and Tenant Act, landlords are required to “maintain fit premises,” that is, to ensure that the dwellings that they rent out to tenants are kept in a clean and safe (or “habitable”) condition (A.R.S. 33-1324). Landlords must ensure that all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances are in good working order. If a landlord fails (for example) to supply running water, gas or electrical service, or reasonable amounts of hot water or heat, air-conditioning or cooling, or any other essential services, the tenant must give “notice” of the problem to the landlord. If, after a reasonable period of time the landlord does not fix the problem, then the tenant may do any of the following: (a) obtain those essential services on his/her own and deduct their cost from the next rent payment; or (b) withhold rent and instead find temporary substitute housing (for example, a motel room) while those essential services are not being provided; or (c) sue the landlord to recover damages for the amount of the decrease in the fair rental value of the dwelling while those essential services were not being provided (A.R.S. 13-1364). If a landlord fails to comply with his/her obligations in a way that has a very serious and negative impact on the “habitability” of the dwelling, then the tenant has the option of providing written notice of the problem to the landlord and stating that if the problem is not fixed within 10 days, the lease will be terminated. If the problem is materially affecting the health and safety of the tenant, then the same letter can state that the lease will end in 5 days (A.R.S. 13-1361). (However, the lease cannot be terminated in this way if the problem either (a) was originally caused by the tenant or a guest or (b) can be fixed before the specified date.) It is never a good idea for a tenant to simply leave and withhold rent. Proper “notice” is extremely important. (In your specific case, assuming that you never provided your landlord with formal “notice” before you left the dwelling in May, your options will depend upon how serious the repair issues are and whether the services being impacted are “essential.” Either way, you should probably get in touch with your landlord, and do so in writing.)