Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Can I break my lease and move if there are other residents close to my apartment that always are bringing out their handguns and crossbow, especially while they have been drinking, making me feel unsafe in my own home?

Answer: This is a complicated question and there is no easy answer. The landlord/tenant act requires the landlord "to keep all common areas of the premises in a clean and safe condition". ARS 33-1324 A 3 (can be accessed at the website of the Secretary of State http://www.azsos.gov/). You could argue that the conditions at your complex violate this requirement. You would have to send a letter to the landlord specifying the issues and telling him that he has five days to fix the situation and if he does not do so the lease would be terminated. ARS 33-1361 A. Not knowing the precise facts I cannot predict whether a judge would ultimately accept this argument.

QUESTIONS

  • Can I break my lease and move if there are other residents close to my apartment that always are bringing out their handguns and crossbow, especially while they have been drinking, making me feel unsafe in my own home?

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