In Arizona, a tenant can end a fixed-term lease early without penalty if one of several conditions are met, such as a privacy violation by the landlord. If none of the conditions are met, the tenant is liable for all remaining rent until a new tenant is found.
| Reason | Legally Acceptable? |
| Active Military Duty | Yes |
| Early Termination Clause | Yes |
| Domestic or Sexual Violence | Yes |
| Uninhabitable Living Conditions | Yes |
| Tenant Death | Yes |
| Unenforceable/Void Lease | Yes |
| Landlord Harassment | Yes |
| Mental or Physical Disability | Yes |
| Landlord Retaliation | Yes |
| Job Relocation | No |
| Backing Out Before Move-In | No |
| Buying a House | No |
Military duty allows a tenant to break a lease early in Arizona, without penalty. Federal law allows active service members who are relocated due to deployment or permanent change of station to break a lease early
[1]
. This protection begins on the date in which the tenant enters active duty and ends between 30-90 days after the date of discharge.
To prove or verify military duty in Arizona, a tenant should give the landlord both of the following documents:
If a landlord doubts the authenticity of a tenant’s request to terminate a lease due to military duty, the landlord may submit a Record Request to obtain a report certifying active duty status of a tenant. However, the landlord must create an account to use the Record Request.
For a tenant to terminate a lease early due to military duty, they must provide the landlord with written notice and proper documentation. The lease does not terminate immediately — the earliest a tenant could terminate the lease is 30 days after the notice is delivered.
For example, if the notice was delivered on the 23rd of March and the rent is due on the 1st of each month, the earliest the lease can terminate is May 1st. Therefore, rent is still due for the month of April.
A tenant can break a lease early in Arizona, without penalty, if an early termination clause exists in the lease. A tenant would only be able to break a lease early if an early termination clause exists.
An early termination clause will allow a tenant to end a lease early by paying a penalty. After breaking the lease through an early termination clause, the tenant will be able to end the lease 30-60 days after providing notice.
When a lease does not contain an early termination clause, a landlord and tenant could still opt to mutually end the agreement early. After writing the terms of the mutual agreement, the landlord and tenant would sign the agreement and start complying with the agreed upon terms in terminating the lease.
In Arizona, tenants who are victims of domestic or sexual violence are protected by local Arizona ordinances, and can terminate their lease early without facing any penalties or consequences
[3]
. As long as the tenant can provide the landlord with sufficient proof of the abuse, they are entitled to this protection.
This right cannot be waived. Any lease clause attempting to is unenforceable.
In Arizona, for an act of domestic violence to qualify as grounds for breaking a lease, all must be true:
A tenant can prove or verify domestic violence by providing the landlord with one of the following:
Landlords are not permitted to request court documents that are not part of the public record. The orders are considered to be official court documents since they have been signed and stamped by a judge. Landlords may verify their legitimacy by consulting the list of current judges in the state.
To further verify if the court documents are legitimate, a landlord may call the court and ask for the clerk to confirm that the order was issued.
A healthcare provider or another qualified individual will sign the documentation showing evidence of domestic violence. While the provider cannot discuss the incidents with the landlord, the landlord can contact the provider to verify the document’s legitimacy.
To terminate a lease early for domestic violence in Arizona, a tenant must provide the landlord with proper documentation and 30 days’ written notice of termination. The tenant remains liable for any damage done to the rental unit as well as the rent due for the final month.
In Arizona, a tenant can break a lease early, without penalty, due to uninhabitable living conditions if all of the following are true:
This right cannot be waived. Any lease clause attempting to is unenforceable.
Arizona law set forth specific instances that qualify as uninhabitable living conditions. To start, a unit must fail to meet certain physical health and safety standards under the implied warranty of habitability that are not as a result of the tenant’s actions or negligence.
Here are a few examples of conditions that do not meet habitability requirements:
Any situation that materially affects the physical health or safety of an ordinary tenant makes that rental unit uninhabitable. For example, if the rental unit contains dangerous mold, it will be considered uninhabitable.
To break a lease for uninhabitable conditions, the landlord must notify the landlord. The notice must be in writing of the condition. After 10 days, if the landlord has not made the repairs, the lease is terminated.
In Arizona, to prove or verify uninhabitable living conditions, a tenant must show all of the following:
Upon receiving notice, the landlord may verify the conditions by inspecting the property. If the tenant intends to make the repair themselves, the tenant must provide the landlord with a copy of the repair bill and receipt for the payment.
A tenant seeking to terminate their lease early due to unlivable conditions should provide the landlord with written notice. The letter should indicate that the tenant is terminating the lease because the landlord has not resolved the issues and, if feasible, should include evidence of the violation and a notice demanding repairs.
The tenant is entitled to a prorated refund of rent from the date of termination or the date the tenant moves out, whichever is later.
If the landlord disputes the legitimacy of the uninhabitable conditions, they may file a complaint with the Arizona District Court asking a judge to determine whether the unit is truly uninhabitable.
In Arizona, a tenant’s estate can terminate a lease early, without penalty, if a tenant dies before the expiration of a lease.
This right cannot be waived. Any lease clause attempting to is unenforceable.
The law in Arizona specifies that if the tenant who signed the lease was the only occupant over 18 years old, their death would be a valid reason for terminating the lease. If there are minors living with the tenant who passed away, the landlord will work with their new legal guardian(s) to resolve the situation.
To confirm tenant death, the estate can provide the landlord with the deceased tenant’s death certificate, or the landlord may contact the Arizona Department of Health Services to request a copy of the tenant’s death certificate.
The personal representative of the deceased tenant’s estate, also known as an executor or administrator, must provide the landlord with a copy of the tenant’s will or a court order outlining the person’s role as the estate’s representative.
In Arizona, if a representative of the estate wants to end a lease early because of tenant death, they must notify the landlord in writing. The lease will terminate upon receipt of the written notice. Then, the representative must remove the tenant’s belongings from the property and sign an inventory of the removed items.
The tenant’s estate will still be responsible for any past due rent and any damages to the premises that are beyond normal wear and tear. Until the lease is officially terminated, the tenant’s estate will still be responsible for rent.
In Arizona, a tenant can break a lease early without penalty if there are unenforceable clauses or provisions that make the lease voidable
[5]
. Specifically, a tenant can break a lease early if the lease was signed under duress, if the tenant is a minor, or if the unit is illegal.
This right cannot be waived. Any lease clause attempting to is unenforceable.
In Arizona, a lease would be deemed unenforceable or voidable if any of the following are true:
A tenant who wishes to prove that a lease was signed under duress must be able to demonstrate that they did not sign the lease voluntarily. Usually, duress is evidenced by threats of harm or physical violence, but the tenant must also prove that those threats were the reason they entered into the lease. The burden of proof then falls on the other party to demonstrate that the tenant was not coerced into signing the lease.
To prove or verify that the party signing the lease was a minor, the easiest way will be to prove documentation of a birth certificate showing exactly when the tenant was born. Once confirmed as a minor, they will then be given the choice of whether they want the lease to be void.
To prove or verify that the unit is illegal, a tenant can search public files at the local housing inspection department or agency. A tenant can search these files online by locating the “Certificate of Occupancy” document. Generally, every city or county will have a database where an individual can input the address of the property in question. Simply search “[the county or city name] + certificate of occupancy.”
To prove or verify that the tenant took the leased premises “as is” or has waived their right to a hearing, a tenant will need to look in the lease for language specifying the waiver of those rights,
If a lease is considered void or unenforceable, the lease is immediately terminated and it is as if the lease was never signed. Therefore, the tenant can move out immediately and does not have to pay rent anymore.
Furthermore, because the agreement is viewed as never having existed, any security deposits paid should be returned. The first step is asking the landlord to return the security deposit. However, if the landlord claims they do not owe money, a tenant may have to resort to filing a lawsuit in small claims court.
In Arizona, a tenant can terminate a lease early due to landlord harassment or privacy violations
[6]
. However, a court must determine whether landlord harassment occurred before a tenant can break the lease.
This right cannot be waived. Any lease clause attempting to is unenforceable.
In Arizona, the following behavior qualifies as landlord harassment:
A tenant may prove or verify landlord harassment by keeping written records of any harassment or taking photos, if possible. At the hearing, a landlord may be able to counter this with similar evidence.
For example, a tenant may provide a court with pictures of an exterior door with no locks. In turn, the landlord may present evidence that the landlord was required to change the locks and show the court a receipt from a locksmith with an installation date for a new lock.
To terminate a lease for landlord harassment, a tenant must get court permission. The tenant must file a complaint with the Arizona District Court.
Upon receiving the complaint, the District Court will timely review the documents and notify the parties whether the filing is accepted or rejected. The court will set a hearing, where the court will determine if landlord harassment occurred and if the lease should be terminated. The landlord and tenant are bound by the findings of the court.
In Arizona , as with all other states, a tenant can break a lease early, without penalty, because of a mental or physical disability.
Practically speaking, a tenant with a disability could request to terminate the lease if they are no longer able to function in a regular rental unit and need specialized care.
Not all physical and mental disabilities may meet the requirements for terminating a lease early.
This right cannot be waived. Any lease clause attempting to is unenforceable.
Reasonable accommodations are available to individuals with disabilities under the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). These accommodations refer to any necessary changes, exceptions, or adjustments to policies, practices, or services to ensure individuals with disabilities have equal access to housing opportunities and can enjoy their living space.
For an individual to be classified as having a disability, they must have a physical or mental impairment that significantly limits one or more major life activities. Documentation of the impairment is required, which can include hospitalization records and evidence of time taken off due to the disability.
A physical or mental impairment includes diseases and conditions such as:
When proving or verifying disabilities, there are two methods by which to do so:
If a tenant has a qualified disability, they can request early termination of their lease as a reasonable accommodation under the federal Fair Housing Act or the ADA. Once the landlord receives this request, they must honor it by terminating the lease.
If the landlord refuses to do so, the tenant can file a Fair Housing complaint or pursue legal action.
In Arizona, a tenant can break a lease early, without penalty, if a landlord retaliates against the tenant
[7]
. Arizona law does not allow a landlord to retaliate against a tenant for exercising their rights under the law.
This right cannot be waived. Any lease clause attempting to is unenforceable.
Arizona law sets forth specific instances that qualify as landlord retaliation. First a tenant must do one of the following:
After a tenant exercises one of these rights, any of the following actions may qualify as landlord retaliation:
In Arizona, a tenant can establish a case for landlord retaliation by providing evidence of the rights exercised under the law. This could include documentation of a complaint filed with a governmental agency, an eviction proceeding, or an altered lease.
However, if the landlord can prove that the action was not taken for purposes of retaliation, they will not be held liable. This would require the landlord to provide evidence that they intended to take the same action before the tenant’s actions.
A landlord may also show that they exercised certain lawful rights through any of the following:
To terminate a lease for landlord harassment in Arizona, a tenant must get court permission. To do so, the tenant must file a complaint or petition with the Arizona Magisterial District Court.
After the landlord files an answer to the complaint, the court may set a hearing. If a court finds that landlord retaliation occurred, the tenant may terminate a lease and the landlord may be liable for monetary damages.
For example, by law, a tenant may recover one month’s rent plus $500, plus court costs and reasonable attorneys fees as well as moving costs (less any delinquent rents).
A tenant cannot break a lease early due to a job relocation in Arizona. No laws exist in Arizona to allow a tenant to automatically break a lease for a new job.
However, some leases contain a “transfer clause” which may allow a tenant to end a lease early if they are relocating for a new job.
In Arizona, a tenant cannot break a lease early after signing the lease but before moving in. However, a tenant may terminate the lease under an early termination clause, if the lease contains one.
In Arizona, a tenant cannot break a lease early due to buying a house unless the lease contains a clause allowing the tenant to terminate the lease early because of a new home purchase.
If there is no legal justification for breaking a lease early, then the tenant will be responsible for the remaining rent due for the lease.
Arizona does not have a law limiting the amount a tenant owes a landlord when breaking a lease early. A tenant could be liable for paying the remaining rent through the life of a lease. However, a landlord must mitigate damages and seek to replace the tenant.
In Arizona, a landlord needs to make reasonable efforts to re-rent the leased premise prior to charging the tenant for the total remaining rent due. This is known as the “duty to mitigate damages
[8]
.” If the premise is rented out, the original tenant will only be responsible for the amount of time the unit was vacant.
Arizona state law does not grant tenants, by default, the right to sublease. Instead, they must have explicit, written consent from the landlord to do so. If a tenant is able to sublet the premises, they will not be liable for the total remaining rent due under the lease.
In Arizona, tenants will be held liable for all remaining rent and property damage unless the landlord found a new tenant.
If not, potential consequences include:
Under the SCRA, a servicemember may terminate residential leases if he or she is transferred after the lease is made.
To terminate a lease early, military members must prove they signed a lease before entering active duty and provide written notice along with military orders to the landlord of their intent to end the lease early.
A tenant may terminate a rental agreement pursuant to this section if the tenant provides to the landlord written notice pursuant to this section that the tenant is the victim of domestic violence as defined in section 13-3601 or was the victim, in the tenant’s dwelling, of sexual assault pursuant to section 13-1406.
The landlord shall comply with the requirements of applicable building codes materially affecting health and safety as prescribed in section 9-1303 and make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
A rental agreement shall not that the tenant does any of the following… and agree to payment of monetary penalties or otherwise penalizes the tenant for the tenant summoning or for any other person summoning a peace officer or other emergency assistance in response to an emergency.
If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may terminate the rental agreement.
A landlord shall not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for eviction after the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation.
The remedies provided by this chapter shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages.
