questions & answers

Question: Hello, my lease explicitly states that 30 days notice prior to lease ending date is required if I wanted to move out after the lease is up. At the last second we just decided that we are going to move. What penalties would I be facing monetarily speaking for not giving my landlord 30 days notice. Today is October 30th 2017. My lease states that ends November 1st 2017. However in the lease agreement we agreed that rent would be due on the 5th each month. So technically I'm paid up through the 5th of November.

Answer: The answer to your question will depend on several factors, including (1) what the original rental agreement said about automatic renewal and (2) whether and when the landlord is able to re-rent the dwelling. If the rental agreement renews for a full year, then the tenant may be on the hook for more than if it renews on a month-to-month basis, in which case the most that a landlord may ask for is an additional month. Either way, a landlord has a legal duty to “mitigate” (reduce) any monetary losses the vacating tenant may suffer by actively trying to find a new tenant (A.R.S. 33-1305). In theory, if the rental agreement renews for a year, then the landlord could charge the vacating tenant either (1) whatever penalties for early termination are specified in the rental agreement or (2) for monthly rent until the dwelling is re-rented (whichever is lower).