Thursday, August 19, 2010

Can I break my rental lease?

I have rented a condo in Mesa, Arizona for the past 2+ years. In that time I have turned in many maint. requests including plumbing issues as well as washer/dryer issues. They have never responded to my requests. Can I break my lease?Can I break my rental lease?
SURE you can break your lease. READ it carefully and find the consequences for so doing. The fact that you have stayed for 2+ years make it very difficult for you to break lease without consequences.


Suggest that you send LL letters by first class and Certified Return Receipt Requested, detailing your requests for maintenance that are unfulfilled. State when you made request and give them time frame when you expect compliance--two weeks is reasonable. Build yourself a paper trail, make the requests. After doing this twice, give 30 days advance notice you are moving because they have breached lease provisions


Expect that they will NOT return your security and you will have to sue them in small claims, or that they will sue you for balance of lease term. Document condition of apartment, insist on Walk-through prior to turning over keys, get written assessment of condition.Can I break my rental lease?
In order to break your lease you would have to prove that the unit is uninhabitable.
Check your lease - usually after 1 year, the lease becomes month-to-month and you can move out (without breaking the lease) if you provide notice (usually 30 days). If you have signed new leases each year, you can't break your lease - you will be liable for the unpaid rent until the end of the lease. Only if the condo is a health hazard or otherwise unlivable do you get to break the lease and only after having it certified as unhealthy or unlivable.
You need to document all complaints in writing - letters, photos, statements from repair professionals, etc.


You need to prove your landlord is responsible for said items, which you can probably find out in your lease


You need to show that the damages are affecting the habitability and enjoyment of your premises - ie that they are not just cosmetic


You need to prove that you complained to your landlord and they have failed to respond


If you can prove all of the above, send them a letter and notify them that they have X days to make the necessary repairs or you will take them to court to get out of the lease.
Nope. You need to take them to court.
Anyone can break their lease. You just have to pay any penalties in your lease associated with doing so.





I don't know why someone would give me a thumbs down, what I said is true
Google landlord tenant laws in AZ and read your lease regarding repairs. In most states there is a procedure you must follow. The first is written notice to the landlord giving him X days to cure the breach of lease. If they fail to respond you then have to file an action with the court and they will determine if you can break the lease.





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