questions & answers
Question: I obtained an order of protection 3 days ago and attempted to use it to terminate my lease with the apartment manager. They told me they will have to review the order and that the order has to be served in order to be used as evidence of DV. How long do I have to wait for the apartment complex to fulfill my request? What legal processes apply?
Answer: Arizona’s law (ARS §33-1318) on lease termination and domestic violence states that: “A. A tenant may terminate a rental agreement pursuant to this section if the tenant provides to the landlord written notice pursuant to this section that the tenant is the victim of domestic violence as defined in section 13-3601 or was the victim, in the tenant's dwelling, of sexual assault pursuant to section 13-1406. The tenant's rights and obligations under the rental agreement are terminated and the tenant shall vacate the dwelling and avoid liability for future rent and shall not incur early termination penalties or fees if the tenant provides to the landlord a written notice requesting release from the rental agreement with a mutually agreed on release date within the next thirty days, accompanied by any one of the following: 1. A copy of any protective order issued pursuant to section 13-3602 to a tenant who is a victim of domestic violence or sexual assault. A landlord may also request a receipt or signed statement that the order of protection has been submitted to an authorized officer of a court for service. 2. A copy of a written departmental report from a law enforcement agency that states that the tenant notified the law enforcement agency that the tenant was a victim of domestic violence or sexual assault.” The landlord may request a receipt or signed statement that the order has been submitted for service. The law does not state that the order must have been served. In Arizona, you may want to contact the Arizona Coalition to End Sexual & Domestic Violence’s legal advocacy hotline by phone (602) 279-2900 or chat at https://acesdv.org for referrals to services and information about lease termination. Arizona has a variety of free, reduced rate, or paid legal help options. Most free or reduced rate legal help programs have eligibility requirements based on income or type of legal case. To apply for free or reduced rate legal assistance, visit: https://azlawhelp.org/accessToJustice.cfm and click on “Click Here to Begin the Interview”. Or, you may call (866) 637-5341 and use the automated system to see if you meet eligibility for free/reduced cost legal help. You may also contact Arizona’s free legal help programs directly: Community Legal Services serves La Paz, Maricopa, Mohave, Yavapai, Yuma Counties https://clsaz.org/office-locations/ DNA People’s Legal Services serves Coconino County and all of Navajo and Hopi Nations. https://dnalegalservices.org/contact/ Southern Arizona Legal Aid serves Apache, Cochise, Gila, Graham, Greenlee, Navajo, Pima, Pinal, and Santa Cruz Counties. https://sazlegalaid.org/connect-with-us/ Many Arizona Courts offer services or resources to help individuals that may be representing themselves in court. For court location and contact information, access to forms, live chat with law librarians, and legal information, visit: https://azcourthelp.org For help finding a lawyer, visit: State Bar of Arizona (statewide referral): https://azbar.legalserviceslink.com/ Maricopa County Lawyer Referral: https://maricopabar.org/index.cfm?pg=LRSHome Pima County Lawyer Referral: https://tucsonlawyers.org/ Yavapai County Lawyer Referral: https://yavbar.org/find-a-lawyer
I obtained an order of protection 3 days ago and attempted to use it to terminate my lease with the apartment manager. They told me they will have to review the order and that the order has to be served in order to be used as evidence of DV. How long do I have to wait for the apartment complex to fulfill my request? What legal processes apply?
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