questions & answers

Question: How do I get the landlord to refund the balance of rent money paid to satisfy the remainder of the term of my lease, that the landlord then entered into another lease with new tenants? The security deposit was refunded in full but they tried to be deceptive about entering into a new lease during the remainder of my lease. And now try to say I am required to pay the utilities for the property for the 2 months after I vacated and turned over possession of the keys

Answer: Under Arizona law, residential landlords are under a duty to mitigate – that is, a duty to do their best to reduce – any damages they suffer (A.R.S. 33-1305(A)). What this means is that, as a general rule, even if a tenant vacates a dwelling before the rental agreement has ended, if the landlord re-rents the dwelling, then the landlord must return to the previous tenant (or not charge the previous tenant) rent for the period starting when the new tenant’s rental agreement begins. A possible exception, however, would be if the previous tenant’s rental agreement expressly stated that the money would not be refundable. If you would like to discuss your specific situation with an attorney, there are links to free and low-cost legal services on this website, and the LegalLEARN Helpline toll-free telephone number is 1-866-637-5341.