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off-campus housing services
Section 5: Moving Out
PART 1: BREAKING YOUR LEASE
If you must leave your place before your lease has expired, you do not automatically lose every penny of your deposit. There are some legitimate, legally acceptable reasons for leaving during the term of your lease, such as: the landlord is not complying with the rental agreement (A.R.S. Section 33-1361); the landlord is not supplying essential services (A.R.S. Section 33-1364); the landlord is hassling you with constant inspections (A.R.S. Section 33-1376); the dwelling unit has been damaged by fire (A.R.S. Section 33-1366).
The “A.R.S.” numbers refer to the Arizona Revised Statutes section of the Landlord and Tenant Act dealing specifically with these issues. See the excerpt here. Consult a lawyer at ASUA Legal Services regarding the proper type of notice to give. If you move out before the lease is up without a legally acceptable reason, both you and your landlord have certain responsibilities:
You must pay for the rent for the full term of the lease, or until the place is re-rented. You may have to pay the cost of advertising to re-rent the place. The landlord must make a reasonable effort to re-rent the premise and keep damage charges to a minimum. The landlord can only keep as much of your security deposit as can be justified as money actually lost due to your breaking the lease.
In this situation, the person moving should either find a substitute roommate or provide his/her share of the rent until one is found. The remaining roommates may have to resort to taking court action. This will be much easier if the roommates have signed a Roommate Contract, page 67. The same guidelines apply when it comes to signing the utility companies — you sign, you pay.
Send your landlord a letter by certified mail, return receipt requested, giving notice that you intend to break your lease early (see Sample Letter #4, “Self-Protection When Breaking a Lease”) When you send this notice, you have in theory violated your lease contract, therefore, it is wise to stop by and talk to your landlord. The landlord may have another tenant ready to move in and not be concerned about your moving. In some cases, the landlord may want compensation for the trouble of re-renting the place.
If the landlord wants only a small amount, it may be easier to pay than to become involved in a dispute. If your landlord has your security/cleaning deposit, you may offer to let him/her use part of this as settlement for any damages arising from you leaving early. If it is not possible to deal rationally with your landlord, or he/she will not make a written release, you should take steps to protect yourself.
PART 2: ENDING THE RENTAL RELATIONSHIP
No disputes about rent being due: If you are renting month-to-month, you must provide the landlord with written notice — at least 30 days before your next payment would be due — that you will be terminating the rental agreement.
If you are renting for a longer period you still may be required to provide the landlord with written notice of your intent to terminate the rental agreement. Carefully read the terms of any agreement to see what requirements apply to you.
If you have fallen behind in your rent: You can stay in the rental dwelling if you pay any past due rent and late charges within five calendar days of being given legal notice by the landlord of possible termination of your rental agreement, also called a “5-day Pay or Quit Notice.”
If, after your landlord files suit against you, but before a judge issues a ruling, you pay the rent, late charges, court costs and reasonable attorney fees, you also can stay in the rental unit. Your landlord cannot force you to move out unless a judge grants an order for your eviction (called a Writ of Restitution), and the order is served on you (usually by a sheriff or constable). If judgment is in favor of the landlord, the landlord has sole discretion regarding the reinstatement of the rental agreement.
If your landlord accepts a partial payment of the rent you owe, the landlord still may have the right to evict you unless you have a written agreement that allows you to stay.
You can be held liable for two months rent (or twice the amount of any damages you caused) after your rental agreement with your landlord is terminated if it is found that you willfully failed to act in good faith, according to the terms of your rental agreement.
PART 3: REMEDIES AVAILABLE TO YOU
You may be entitled to two months free rent (or twice the amount of damages you may have suffered) if your landlord wrongfully locks you out of the dwelling or intentionally cuts off essential services.
PART 4: TERMINATING THE RENTAL AGREEMENT
Another provision of the Landlord and Tenant Act, A.R.S. Section 33-1361, allows a tenant to terminate the rental agreement if there is what the statute calls “material noncompliance” by the landlord with the agreement. Since by law, all of the provisions of the Landlord and Tenant Act are considered part of the rental agreement, this includes the landlord’s failure to properly maintain the premises.
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In order to terminate the rental agreement for material noncompliance you must do the following:
Give written notice to the landlord specifying the problem and stating that the agreement will terminate in no less than 10 days if the problem is not corrected. See Sample Letter #9, “Tenant Demanding Maintenance Termination”.
If the problem is one that affects health and safety, you may give a shorter notice period. The notice may state that the problem must be remedied in not less than five days or the agreement will terminate in not less than five days.
If the landlord adequately remedies the problem before the date specified in your notice, the rental agreement will not terminate. If the problem is not remedied in that time, the agreement will terminate and you must vacate the premises. In this case, the landlord must return your security deposit just as if you had moved out in the normal course.
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Before you enter into a rental agreement, ask about problems with heat, plumbing, rodents, and insects. If you encounter problems once you sign a lease, there are two Tucson agencies you can call: Consumer Affairs (520.791.4886), or Our Town Family Center, Mediation Program (520.323.1708). Both are experienced with the Arizona Residential Landlord and Tenant Act and are free services to the community.
PART 5: BEFORE YOU MOVE OUT
Ask the landlord to inspect the premises after you have cleaned and moved your belongings out. During the inspection, record all of the damages for which you will be held responsible and any additional cleaning the landlord wants you to do.
If you dispute any of the damages, discuss it with the landlord at that time. Be sure to have the initial inventory checklist with you to resolve any disputes about damage that was done before you moved in. If you and the landlord can agree on the damage and cleaning items, and both sign the list, indicating which items you will repair or clean before turning the premises back over to the landlord, then you should both be aware of what portion of the security deposit will be refunded.
At the time you turn the keys over to the landlord, give him or her a letter asking for the return of your security deposit within 14 days and giving an address where it can be mailed or delivered (Sample Letter #1, “Notice of Forwarding Address”).
For any legal problem, see a qualified ASUA attorney. Find out more on the web at legal.asua.arizona.edu, or call 621-ASUA (520.621.2782) for an appointment.
PART 6: AFTER YOU MOVE OUT
Under Arizona law, your landlord has 14 days, excluding weekends and holidays, after the tenancy terminates and you “deliver possession” of the premises and make demand to do one of two things:
Return your security deposit in full; or
Deliver to you an itemized written notice of the damages or unpaid rent to which the deposit has been applied, along with any remaining amount of the security deposit.
If the landlord does not comply with these requirements, you may file a lawsuit in Small Claims Court and recover the amount of the deposit wrongfully withheld plus twice the amount wrongfully withheld. (If you have caused damage to the premises or have not paid all the rent due, the landlord can still hold you responsible by filing a countersuit against you for the cost of repairs, unpaid rent, and other damages.)
If you have not received your security deposit or an itemized explanation of the items to which it has been applied within 14 days, write the landlord a letter. Explain that you are aware of your rights under Arizona’s landlord tenant laws and demand the return of your security deposit (or the portion to which you are entitled) within a specified period of time.
Let the landlord know that if your deposit is not returned within that time, you are prepared to file suit in Small Claims Court to enforce your rights (see Sample Letter #2, “Tenant’s Second Demand”). “Delivery of possession” means returning the keys to the landlord and vacating the premises. For any legal problem, see a qualified ASUA attorney (520.621.ASUA).
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