Breaking a Lease Early in Arizona: What Are My Options?

If you leave without a legal reason

1. 1

   If you move out early, your landlord must try to rent the home to someone else at a fair rent. Your lease ends on the day a new renter's lease starts. If your landlord does not try, your lease ends on the day your landlord learns you left.

   Source:

   1. A.R.S. § 33-1370(C), Arizona Legislature. Law.
   Tip.

   Read your lease before you decide. Check whether it lets you end it early and what penalty you must pay.

2. 2

   If you leave without telling your landlord and your rent goes unpaid, the law can count your home as abandoned. Your landlord can then post and mail a notice. If none of your things are left, your landlord can take the home back 5 days after that notice. Your landlord can then keep your deposit for unpaid rent and costs.

   Source:

   1. A.R.S. § 33-1370(B), Arizona Legislature. Law.
3. 3

   Your landlord can use your deposit for unpaid rent and charges your lease allows. The law gives your landlord 14 days to send you a list of what they kept, with any money left over. The 14 days start after you move out and ask for your deposit, and do not count weekends or holidays.

   Source:

   1. A.R.S. § 33-1321(D), Arizona Legislature. Law.
   Tip.

   Before you leave, clean the home and take photos of how you left it.

When you can leave early

4. 4

   If your landlord seriously breaks the lease, send them a written notice that says what is wrong. The law gives your landlord 10 days after they get your notice to fix it. If they do not fix it, your lease ends.

   Source:

   1. A.R.S. § 33-1361(A), Arizona Legislature. Law.
   Tip.

   Write down each problem, every time you contacted your landlord, and the day you moved out.

   Tip.

   Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

5. 5

   If a repair problem makes your home unsafe or unhealthy, send your landlord a written notice that says what is wrong. The law gives your landlord 5 days after they get your notice to fix it. If they do not fix it, your lease ends.

   Sources:

   1. A.R.S. § 33-1324(A), Arizona Legislature. Law.
   2. A.R.S. § 33-1361(A), Arizona Legislature. Law.
   Think before you call an inspector.

   You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.

6. 6

   The law counts your notice as received if you hand it to your landlord or send it by certified or registered mail. A mailed notice counts as received on the day your landlord gets it or 5 days after you mail it, whichever comes first. This is true even if your landlord does not pick up the letter. Save texts and emails as well; they are also a record of what you sent.

   Source:

   1. A.R.S. § 33-1313(B), Arizona Legislature. Law.
7. 7

   You cannot end your lease over a problem that you, your family or your guests caused on purpose or by being careless. If your landlord fixes the problem before the end date in your notice, your lease does not end.

   Source:

   1. A.R.S. § 33-1361(A)(1)-(2), Arizona Legislature. Law.

After you move out

8. 8

   If you end your lease because your landlord broke it, your landlord must return the deposit money the deposit law says you get back.

   Source:

   1. A.R.S. § 33-1361(D), Arizona Legislature. Law.
9. 9

   If your landlord says you owe more, a debt collector may call or write to you. The collector must tell you how much, who it is for and how to say it is wrong. You have 30 days after you get that notice to write back. Then the collector must stop until it answers you.

   Sources:

   1. Our editorial rules.
   2. What information does a debt collector have to give me, Consumer Financial Protection Bureau. A government guide.
   3. What should I do when a debt collector contacts me, Consumer Financial Protection Bureau. A government guide.
10. 10

    Your landlord can take money from your pay or benefits only after winning in court. The court must issue a judgment (the court's final decision) that you owe the debt.

    Sources:

    1. Our editorial rules.
    2. Can a debt collector take or garnish my wages, Consumer Financial Protection Bureau. A government guide.
    Tip.

    If you get court papers, do not ignore them. Go to court, or you can lose the case.

    From Consumer Financial Protection Bureau.

Special protections

11. 11

    You may be able to end your lease early. This is if you were a victim of domestic violence, or of sexual assault in your home, in the last 30 days. The 30 days count back from the day you give your landlord a written notice. Your landlord can choose to give you more time.

    Source:

    1. A.R.S. § 33-1318(A), Arizona Legislature. Law.
12. 12

    To end your lease for domestic violence or sexual assault, send a written notice. Ask to end the lease on a date you and your landlord agree on, no more than 30 days after your notice. Attach a court order that protects you or, if you feel safe, a police report. It can also help to write down what happened.

    Sources:

    1. Our editorial rules.
    2. A.R.S. § 33-1318(A), Arizona Legislature. Law.
13. 13

    If you end your lease for domestic violence or sexual assault, you owe rent only up to the day the lease ends. You also owe anything you owed before. Pay it by the day you move out. Your landlord may keep rent you paid for that month, but not your deposit just for leaving early.

    Source:

    1. A.R.S. § 33-1318(D), Arizona Legislature. Law.