questions & answers

Question: I moved to Az. In September of 2018 to live near my Daughter,Son- in- law, snd Grandchildren. I signed a 1 year lease in apt. Complex. In October of 2018, my daughter told me her husband who is in the AF would have to go to Korea for a year on orders. She has chosen to accompany him with my grandchildren. I have been reliant upon them for transport, groceries, dr.'s appt's, etc. I use a walker, have medical issues that prevent me from doing day to day tasks. They are leaving on April 1st for a year. My only income is soc.sec. mgmt here wants 2000.00 to buy out of lease. Can I get out somehow

Answer: If a rental agreement (which is a contract) specifies what the financial penalty is for early termination, then, as a general rule, a tenant who wishes to leave before the end of the lease term will be required to pay that penalty. However, if a rental agreement says nothing about early termination, and a tenant moves out before the end of the lease term, then the landlord has a duty to “mitigate” – that is, a duty to do their best to reduce – any monetary damages the tenant will suffer, and the landlord must do this by making a good faith effort to re-rent the vacated unit as soon as possible. The section of the Arizona Residential Landlord and Tenant Act that addresses this requirement is A.R.S. 33-1305(A): “The remedies provided by this chapter shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages.” If you would like to discuss your possible options with an attorney, there are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).