questions & answers

Question: I share an apt w/2 other ladies. I just received a job promotion relocating me to another state. If I pay out the 7 month remainder of my lease, and the apartment complex rents to someone else before my lease expires, should I expect a refund?

Answer: This question raises several issues. One is that when multiple tenants are named on a rental agreement, they are commonly “jointly and severally liable” to the landlord for the payment of rent, meaning that the landlord may demand the full rental amount (and other obligations) from any of them. The terms and conditions of the rental agreement usually address this issue. Another is that while ordinarily landlords may not double-charge, once the departing tenant has paid it could be difficult for them to get that payment back because they may need to convince a judge that the equitable doctrine of unjust enrichment should apply. Under the Arizona Residential Landlord and Tenant Act, a landlord has a duty to “mitigate” – that is, a duty to do their best to reduce – any monetary damages the tenant will suffer (A.R.S. 33-1305(A)) by making a good faith effort to re-rent a vacated unit as soon as possible. The fact that multiple tenants already share the apartment could complicate this. It might be wise to seek legal advice from an attorney concerning what, if anything, you should offer to negotiate with the landlord in advance.