Landlord and Tenant Rights and Responsibilities

questions & answers

Question: i paid off my lease in full and i only stayed 6 months and paid a fee and gave full 60 days notice. should i get the rest of the rent that i paid back?

Answer: Under Arizona law, the terms and conditions of a rental agreement generally determine what the parties’ rights and responsibilities are (A.R.S. 33-1314). So if the rental agreement directly addresses the issue of early termination by the tenant, then whatever it says will most likely apply. Either way, Arizona law gives landlords a duty to mitigate – that is, a duty to do their best to reduce – the monetary damages a tenant will 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. 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 (at http://www.azlawhelp.org/accessToJustice).