questions & answers

Question: My ex boyfriend lives Within 100 feet of my front door on the same floor. I am not safe living In this apartment complex I do have an active restraining order against my ex boyfriend for physically beating  me. My apartment complex, told me I would have to pay $3000.00 to break my lease and my credit will be blemished. What is my legal right here in Arizona. Can I break my lease without paying. FRIGHTENED FOR LIVE LIVING HERE!!!

Answer: There are some exceptions that allow a tenant to terminate their leasing agreement early. A.R.S. § 33-1318 (http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/33/01318.htm) allows a tenant to terminate their contract early for domestic violence. However, the termination must include written notice to the landlord requesting release from the rental agreement WITHIN thirty days after the incident of the domestic violence occurred, unless waived by the landlord. The written notice must also include one of the following: 1. A copy of any protective order issued pursuant to A.R.S. § 13-3602 to a tenant who is a victim of domestic violence. A landlord may also request a receipt or signed statement that the order of protection has been submitted to an authorized officer of a court for service. 2. A copy of a written departmental report from a law enforcement agency that states that the tenant notified the law enforcement agency that the tenant was a victim of domestic violence. You may also request the landlord install a new lock on your door at your expense. For more information about Landlords and Tenant Responsibilities visit the following article: http://azlawhelp.org/articles_info.cfm?sc=24&mc=3&articleid=25