Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I have 4 months l on my 12 month apartment lease. I am getting married in 1 week. Can I break my lease early and receive my deposit back because of my change in marital status and moving into my new husbands home?

Answer: No. Special exemptions exist which apply to the victims of certain crimes and to military members (among others) but as a general rule a tenant may not break a lease without penalty. A tenant’s change in marital status does not affect the rental agreement. A tenant who wishes to terminate a rental agreement early should read that agreement carefully to see if it specifies what the rules surrounding early termination will be. In such situations the tenant’s best bet is usually to try to negotiate with the landlord. It should also be noted that, under Arizona law, if a tenant moves out early, the landlord has a duty to “mitigate” (A.R.S. 33-1305(A)) – that is, a duty to do their best to reduce – any monetary damages that the tenant will suffer, and the landlord must do this by making a good faith effort to re-rent the vacated dwelling as soon as possible.