Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Due to an unforeseen medical condition which is now being treated by hospice care,can a tenant legally "break" a rental agreement because this place of residence is not handicap accessible?

Answer: There are a couple of issues here. Issue #1: There are no provisions within the Arizona Residential Landlord and Tenant Act that permit a tenant to get out of a rental agreement due to illness. So unless the rental agreement itself contains such a provision the tenant remains obliged to pay the agreed-upon rent. However, if a tenant were to vacate a rental unit due to illness (or for any other reason) before the expiration of the rental agreement, then the landlord would have a duty to “mitigate” (reduce) the landlord’s losses by actively seeking a replacement tenant (A.R.S. 33-1305). Issue #2: Under the federal Fair Housing Act (42 U.S. Code § 3604) a landlord is required accommodate persons with disabilities by (for example) permitting disabled persons to make temporary modifications in order to make it possible for them to fully use and enjoy the rented premises.