questions & answers

Question: I am helping my daughter, who lives out of state and has guardianship of her father, move him to an assisted living facility. He has diagnosed dementia and severe major depressive disorder. He now lives independently in an apartment. His primary care doctor feels it is no longer safe for him to live alone. Under Arizona law, is there a way she can terminate his lease early without paying all the penalties and the stipulated two months rent since his move is for health reasons?

Answer: Residential lease agreements are contracts, and determined by the contract language, including "Early Termination" penalties and obligations (amounts owed by a Tenant upon vacating the premises before expiration of the lease period).  Unless the lease allows early termination  for a medical/health reason, the the penalties must be paid. Arizona law does not provide for such an exemption.. The Arizona Residential Landlord and Tenant Act provides for Early Termination of leases only in domestic violence situations and for law enforcement tenants [ARLTA, sections 33-1318, 33-1319]
 http://www.azlawhelp.org/articles_info.cfm?mc=3&sc=24&articleid=25