Breaking a lease agreement can be a stressful and challenging situation for both tenants and landlords. As a landlord in Tucson, it is crucial to understand lease agreements and be aware of the various reasons that may lead a tenant to break their lease. By arming themselves with information, landlords can better navigate such situations and make informed decisions that protect their interests while maintaining a positive relationship with their tenants.

Disclaimer: The information provided in this blog does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this blog are for general informational purposes only.

Understanding Lease Agreements

A lease agreement is a legally binding contract between a landlord and a tenant that outlines the terms and conditions of the rental arrangement. It sets forth the rights and responsibilities of both parties and establishes the duration of the lease. In Tucson, lease agreements are typically structured for a fixed term, such as one year.

Lease agreements cover essential aspects such as rent amount, due dates, late fees, maintenance responsibilities, security deposits, and guidelines for terminating the lease. It is essential for both parties to familiarize themselves with these agreements to ensure they uphold their end of the contract and avoid disputes down the line.

The Importance of Having a Valid Reason to Break a Lease

Breaking a lease can have significant consequences for both tenants and landlords. For tenants, it may result in financial penalties and for landlords, it can result in lost income and the need to find new tenants quickly.

Upon receiving news that a tenant is going to have to break their lease, the state of Arizona requires the landlord to make a good faith effort to re-rent the property as soon as possible, regardless of the reason for termination. If despite the landlord’s best efforts a new tenant cannot be found, the original tenant is responsible for any unpaid rent and expenses. However, there are circumstances under which tenants are legally entitled to break a lease without any financial liability. 

Valid Reasons to Break a Lease

Arizona state law exempts tenants who break their lease early from financial responsibility for the following reasons:

1. Landlord Breach of Lease Agreement

If a landlord breaches the terms of the lease agreement or lies in writing about the condition or availability of the property, the tenant can serve the landlord with a written notice outlining the breach. If the landlord does not remedy the situation within 10 days, the tenant can legally break their lease on the 11th day without penalty. Breaches of contract by a landlord can include failure to make repairs in a timely manner or to provide safe and habitable living conditions. Avoid this situation by adhering to a consistent maintenance schedule and responding to tenant requests for repairs in a timely manner. If you are very busy or unable to handle such requests on your own, a professional property management company can be a great investment.

2. Landlord Misconduct

If a landlord harasses a tenant, violates a tenant’s privacy, or takes other actions that create a hostile living situation, a tenant is legally entitled to break their lease and seek financial compensation. Avoid this situation by giving tenants at least 2 days notice before attempting to enter a rental unit and reading up on rules regarding privacy in rental properties.

3. Domestic Violence 

Tenants who are victims of domestic violence may require immediate relocation for their safety and well-being. Landlords may request police reports or legal documentation to verify the situation.

4. Harassment of a Law Enforcement Officer

Tenants who are law enforcement officers are entitled to similar protections as victims of domestic violence if they need to move due to persistent harassment or threats to their safety.

5. Military Service

Active-duty military personnel may receive orders for deployment or a permanent change of station (PCS), which would necessitate breaking their lease. The Servicemembers Civil Relief Act (SCRA) provides certain legal protections and benefits for active-duty military members, including the ability to terminate a lease under qualifying circumstances. 

While these are the valid reasons to break a lease outlined by the state of Arizona, it is important to note that there are myriad other reasons why tenants may need to move early and that each situation should be evaluated on a case-by-case basis. Landlords should exercise empathy and understanding when faced with such circumstances, as they can greatly impact the lives of their tenants.

Under most circumstances, landlords who make a good faith effort to re-rent a property are able to sue for lost rental income should they fail to find a replacement. However, this is not ideal for either party and it is usually best if you can work with the tenant towards a mutually agreeable situation, such as finding a subletter or someone to take over the lease. Remember that good landlord-tenant relations are key to the smooth operation and success of any rental business.

Final Thoughts: Reasons to Break a Lease in Tucson

In conclusion, as a landlord in Tucson, understanding the valid reasons that may lead a tenant to break their lease is crucial. By being knowledgeable about the various reasons to break a lease and addressing them proactively, landlords can create a rental environment that fosters trust, respect, and long-term tenant satisfaction.

Looking for a Tucson property management company to help with lease termination, property maintenance, and more? Reach out to our local team to hear about our services and find out how we can benefit your rental business!