questions & answers

Question: I am wanting to move out and need to find a new tenant to take over lease. I found a guy and he signed the lease and made the deposit with the landlord, then said less than a day later he has an emergency and can't move in. The landlord says I need to continue my search for a replacement tenant but I asked since he signed the lease isn't he locked in and it's no longer my responsibility. So am I still locked in or is it now the landlords responsibility to find someone?

Answer: This is for informational purposes only, you may want to contact an attorney for advice.

Under A.R.S. 33-1368. Noncompliance with rental agreement by tenant; failure to pay rent; utility discontinuation; liability for guests; definition:

A. Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, including material falsification of the information provided on the rental application, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days.
C. The landlord may recover all reasonable damages, resulting from noncompliance by the tenant with the rental agreement or section 33-1341 or occupancy of the dwelling unit, court costs, reasonable attorney fees and all quantifiable damage caused by the tenant to the premises.

Once a lease agreement is signed, the parties are bound to its terms as long as they are not unconscionable or illegal.

The landlord must follow the rules listed above to deal with the new defaulting tenant.

Once you find a person to take over your lease and they sign, that should relieve you of liability under the Arizona Landlord and Tenant Act.