Landlord and Tenant Rights and Responsibilities

questions & answers

Question: If the Landlord issues a 10 day non-compliance letter, and the tenant has already sent a letter stating they are breaking the lease and leaving one month early, can the Landlord still hold tenant responsible for the last month of rent, if tenant cannot remedy the non-compliance issues in 10 days and has to move out?

Answer: If the tenant has no legal basis for moving out early (a breach by the landlord) and is merely leaving early and breaking the lease, then the tenant would likely still be liable for the final month of the lease whether or not the 10-day notice was issued. The landlord does have an obligation to mitigate damages by attempting to re-lease the premises and can only recover the amount remaining on the lease less the amount earned through a replacement tenant or the amount that the tenant could show would have been earned if the landlord had tried in good faith to find a replacement tenant. I recommend you consult the Arizona Residential Landlord Tenant Act for additional guidance.
 You can find it here: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf Specific information regarding your issue begins on page 14 in A.R.S. 33-1368. Please note that I am providing general guidance based on the limited information available to me. I am unable to provide you with legal advice, and answering your question does not create an attorney-client relationship or constitute legal advice. I wish you the best going forward.

QUESTIONS

  • If the Landlord issues a 10 day non-compliance letter, and the tenant has already sent a letter stating they are breaking the lease and leaving one month early, can the Landlord still hold tenant responsible for the last month of rent, if tenant cannot remedy the non-compliance issues in 10 days and has to move out?

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