questions & answers

Question: If a tenant only gives one week notice of early termination of the lease, is the landlord obligated to give back the full security deposit? It is stated in the lease that Any notice to terminate this tenancy must comply with the applicable legislation of the State of Arizona."

Answer: Under the Arizona Residential Landlord and Tenant Act, either party may terminate a month-to-month rental agreement with 30 days notice (A.R.S. 33-1375). However, if a tenant terminates early a rental agreement for a specified term (for example, one year), then the landlord may charge the tenant any reasonable and actual cost that the landlord incurs in attempting to re-rent the dwelling – but the landlord has a duty to “mitigate” – that is, a duty to do their best to reduce – any monetary damages the tenant will suffer (A.R.S. 33-1305(A)) by making a good faith effort to re-rent the dwelling as soon as possible.