Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I have a Friend in Arizona that is in a 12 month lease and she has stated that they signed an addendum specifying that if they break the lease they will have to leave in 3 days period. She and her sister who doesn't live on the property are both on the lease according to her. Question, can one be on a lease if they don't live in the Apartment ? Question can the landlord set the addendum up in such a way that if the lease is broken she would have to leave in 3 days. ? As well if her sister decides to break her part of the lease but my friend wants to stay ?

Answer: Under the Arizona Residential Landlord and Tenant Act, a tenant who violates a term or condition of a rental agreement (including anything in an addendum) may see that rental agreement terminated immediately if the breach is what Arizona law calls “material and irreparable” (A.R.S. 33-1368(A)). As to the questions of whose name(s) may appear on a lease and what happens if one of multiple tenants in a rental dwelling either violates the lease or decides to move out, the answers will depend on (1) what, if anything, the lease says about those issues and (2) what the landlord decides to do. There are no applicable general rules.

QUESTIONS

  • I have a Friend in Arizona that is in a 12 month lease and she has stated that they signed an addendum specifying that if they break the lease they will have to leave in 3 days period. She and her sister who doesn't live on the property are both on the lease according to her. Question, can one be on a lease if they don't live in the Apartment ? Question can the landlord set the addendum up in such a way that if the lease is broken she would have to leave in 3 days. ? As well if her sister decides to break her part of the lease but my friend wants to stay ?

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  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
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