Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I have to move. My husband died and I can't afford to pay rent anymore, but I will be breaking my lease. Will i still get my deposit back?

Answer: The following is provided for general purposes only and should not be construed as legal advice. To determine how the law applies to your specific situation, please consider consulting an attorney. The rental agreement between the tenant and landlord should list the penalties for early termination or “breaking” the lease. According to A.R.S. 33-1321, “Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of all rent, and subject to a landlord's duty to mitigate, all charges as specified in the signed lease agreement, or as provided in this chapter. . . .” This means that unless the lease says otherwise, the landlord can apply the security deposit to unpaid rent.