questions & answers

Question: I go to college In AZ and the Apt. I am required to pay a full months rent even though I will be there for 5 days for the month....Is that legal and do I have recourse......I have to pay or the school wont let me graduate....is there something I can do once I graduate to get my money back?

Answer: As a general rule, if a tenant enters into a rental agreement knowing in advance what the terms and conditions of the tenancy are, then the tenant is bound by those terms and conditions until the rental agreement expires. However, if a tenant moves out before the end of a rental agreement, the landlord does have 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 unit as soon as possible. Tenants who expect to find themselves in this situation often try to line up a replacement before they move out. (As a general rule, a landlord may not charge both the former tenant and the new tenant simultaneously for the same unit.)