questions & answers

Question: C Our neighbor upstairs has caused us problems about the parking and has threatened my 70 yr old husband and myself. Last Friday his gun "went off " into the floor of our bedroom, where my granddaughter and I were. He went to jail. No one was hurt. But I do not feel safe with all that and then yesterday a person was arrested in front of our apt with a large amt of money and drugs. He went to jail also. Our lease is up but we had intended to renew. Now I'm afraid to live here. We were supposed to give a 2 months notice if we moved out. Do we still have to give that much notice?

Answer: Although there are no specific provisions within the Arizona Residential Landlord and Tenant Act, beyond the general duty to “maintain fit premises” (A.R.S. 33-1324), that govern this exact situation, no tenant is required to continue to live in an unsafe environment. Especially when a tenant is confident that, even if the landlord were to refuse to grant the tenant’s request to accept less than the agreed-upon notice, the tenant would be able to persuade a judge of the fact that their physical safety was at stake, the tenant may wish to provide the landlord with formal written notice – in the form of a signed and dated detailed letter – of the tenant’s intention to terminate the rental agreement and vacate the premises immediately.