questions & answers

Question: I was a victim of Domestic Abuse on 3/9/13. I called & also faxed a notice to landlord telling her I was vacating the property on 3/11/13 & told her why & attached copy of Restraining order. Now she won't give me back my deposit because she let my husband move back in & he messed up the place. At the time I gave her notice he was not living there & the keys were returned to her. Since she did not do a walk through on 3-11 and let him move back in, am I still responsible for damages? She said she had 30 days to release me from the lease. Is this true.

Answer: 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 a copy of the restraining order. ARS § 33-1318 (http://www.azhousing.gov/azcms/uploads/PUBLICATIONS/Landlord%20Tenant%20Act%20-12-31-12.pdf)