questions & answers

Question: I have been domestically abused but have not called the police. Neighbors hear my bf yelling at me. It gets the baby crying. He throws things at me. I need to get out but am in a lease for 8 more mo. I don't want my credit ruined. I don't want to get him in trouble, I just want to get away from him. Is there a way I can retract from my lease? Thank you.

Answer: Yes. Under the Arizona Residential Landlord and Tenant Act, a tenant who is the victim of domestic violence may terminate a rental agreement early without penalty if they provide to the landlord: 1. written notice of their intention to move out (at some point within the next 30 days) AND 2. a copy of EITHER (i) an order of protection OR (ii) a police report showing that the tenant notified law enforcement that they were a victim of domestic violence (A.R.S. 33-1318). If the tenant provides the landlord with these documents, then the tenant may move out and the landlord must return the tenant’s security deposit (unless the tenant has caused damage to the dwelling beyond ordinary wear and tear, in which case the landlord may deduct the cost of repairing that damage from the deposit). The tenant remains responsible to the landlord for any past due rent as well as future rent up until the tenant moves out. If you run into difficulty with the landlord or need any assistance, you should contact your local legal aid agency. There are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).