Breaking a lease in Arizona

A tenant who is a victim of domestic violence, or of sexual assault in the home, may end the lease by written notice asking for release on a mutually agreed date within the next 30 days, with a copy of a protective order or a law enforcement report. The events must have occurred within the 30 days before the notice unless you waive that.

A.R.S. § 33-1318(A) A.R.S. § 33-1318(C)

• For a qualifying termination under 33-1318, the tenant owes rent through the termination date plus earlier outstanding obligations, payable by the day they vacate, and owes no early termination fee. However, the landlord may retain prepaid rent for the month in which the lease ends without a refund. The deposit may not be withheld for the early termination itself, but may cover damages from the tenant's failure to comply with 33-1341. A.R.S. § 33-1318(A) A.R.S. § 33-1318(D)
• A law enforcement officer protected by an injunction against harassment issued within the 30 days before notice may end a lease the same way, after repaying any lease concession received. A.R.S. § 33-1318.01
• When a tenant abandons the home, you must make reasonable efforts to rent it at a fair rental; the old lease ends when a new tenancy begins, and if you do not try to re-rent or you accept the abandonment as a surrender, the lease is treated as ended by you on the date you learned of the abandonment. A.R.S. § 33-1370(C)
• If the owner has not registered the rental with the county assessor, the tenant may give a 10-day notice to comply and then end the lease, with prepaid rent returned. A.R.S. § 33-1902(C) See Rental registration with the county assessor on the Arizona page
• Every party has a duty to mitigate damages. A.R.S. § 33-1305(A)
• When multiple tenants signed a lease terminated under 33-1318, the tenancy also ends for the other signers. Nonvictim tenants other than the person named in the protective order or report that caused termination may be released from the old agreement's financial obligations. Remaining tenants may enter a new lease if they meet the landlord's current application requirements; a replacement lease or financial release is not automatic. A.R.S. section 33-1318(J)

Either side may end a month-to-month tenancy by written notice given at least 30 days before the periodic rental date named in the notice. A week-to-week tenancy needs written notice at least 10 days before the termination date.

A.R.S. § 33-1375(A) A.R.S. § 33-1375(B)

• Without a definite term, a tenancy is week-to-week for a roomer paying weekly rent and month-to-month in every other case. A.R.S. § 33-1314(D)
• A tenant who stays after the lease ends without your consent may be sued for possession; if the holdover is willful and not in good faith, you may also recover up to two months' rent or twice your actual damages, whichever is greater. If you consent in writing to the tenant staying, the tenancy becomes month-to-month. A.R.S. § 33-1375(C)