Breaking a Lease
Lease Termination Notice Requirements in Arizona:
In Arizona, you're not required to provide notice for fixed end date leases, the lease will expire on the last day of the lease. All of the remaining lease terms require written notice based on their length:
Notice to terminate a week-to-week lease: At least 10 days from lease expiration. (Ariz. Rev. Stat. Ann. §§ 33-1375(A))
Notice to terminate a month-to-month lease: 30 days or more from lease expiration. (Ariz. Rev. Stat. Ann. §§ 33-1375(B))
Here are ‘justifiable' reasons to break a lease in Arizona:
Early termination clause:
Some modern lease agreements may provide specific terms that would allow you to terminate a lease early in exchange for a penalty fee. Read over the lease and look for language that outlines agreed-upon terms for ending the lease before the end of the fixed period, such as the amount of the fee (i.e. equal to 2 month's rent) and the amount of notice required (i.e. 30 days).
If a lease agreement contains an early termination clause, before executing it and paying the penalty fee, read further to learn about other conditions that, if met, would not require a penalty fee to be paid.
You are a victim of domestic violence:
State law (Ariz. Rev. Stat. § 33-1318) provides early termination rights for tenants who are victims of domestic violence.
Arizona can also require landlords to provide you with special rental previsions for your protection such as:
Proof of status: the landlord is entitled to verify the claim of Domestic Violence status.
Termination of Lease: proof of domestic status, you're allowed to terminate the lease without penalty.
Locks: landlords must change the locks if requested by a domestic violence victim at the tenant's expense.
You are starting Active Military Duty:
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.)
You must be part of the "uniformed services," which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard.
You must give your landlord written notice of your intent to terminate your tenancy for military reasons.
Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is due, even if that date is several months before your lease expires.
The Rental Unit is Unsafe or Violates Arizona Health and Safety Codes:
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been "constructively evicted"; this means that the landlord, by supplying unlivable housing, has for all practical purposes "evicted" you, so you have no further responsibility for the rent. Arizona law (Ariz. Rev. Stat. Ann. § 33-1363 to -1365) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
Your Landlord Harasses You or Violates Your Privacy Rights:
Under state law in Arizona, your landlord must give you two days' notice to enter rental property (Ariz. Rev. Stat. § 33-1343). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered "constructively evicted", as described above; this would usually justify you breaking the lease without further rent obligation.
Other, if you don't have a legal justification to break your lease, you may still be off the hook for paying all rent due for the remaining lease term
This is because under Arizona Law ((Ariz. Rev. Stat. § 33-1370)), your landlord must make reasonable efforts to re-rent your unit no matter your reason for leaving rather than charge you for the total remaining rent due under the lease. So you need to pay only the amount of rent the landlord loses because you moved out early.
If your landlord rerents the property quickly, you'll only be responsible for the amount of time the unit is vacant.
If the landlord can't find an acceptable tenant, then you'll be liable for paying rent for the remainder of your lease term.