Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Lease states landlord may terminate lease for any reason with 45 or 60 days notice? It also states tenant can terminate with 60 days notice but owe penalties and breach of contract. Is that legal in Arizona ?

Answer: Section 33-1314(A) of the Arizona Residential Landlord and Tenant Act says that “the landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or any other rule of law including rent, term of the agreement and other provisions governing the rights and obligations of the parties.” Section 33- 1312(A) of the Act says that “if the court, as a matter of law, finds [that] a rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.” The Act does not directly address your question, but under the theory of freedom of contract, a court might construe unequal penalty clauses to be lawful given that the tenant can always decline to enter into the rental agreement in the first place. If you would like to discuss the terms and conditions of your specific lease with an attorney, there are links to free and low-cost legal services on this website.