Arizona Agreed Termination of Lease and Surrender of Premises
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FAQ
Surrender clause refers to a lease clause whereby the lessee is given the privilege of surrendering his rights and terminating his liability upon the giving of a stipulated notice or the payment of a designated sum of money, or, in some cases, without either of these formalities.
Arizona Early Termination of Rental Lease Two of the most common requirements are: Providing a 30-day notice. Paying a fee, usually the equivalent of the rent of two months.
Where the written lease expired and the parties simply continued with the lease on a month to month basis thereafter. If the lease is a month to month lease as contemplated in the Rental Housing Act, then it can only be terminated by either party by providing one full calendar month's written notice.
Know the Arizona Residential Landlord and Tenant Act According to Arizona law, landlords are permitted to charge the tenants for two months of rent as a penalty for breaking the lease. This is good news for you, because you should be able to find a new tenant to rent the property within those two months.
Surrender of the leaseThis can be done formally, by deed, but this is not always necessary. If the landlord and tenant agree that the lease will be surrendered and they act in a way that is inconsistent with the lease continuing, the lease will be surrendered 'by operation of law'.
Breaking an apartment lease in Arizona without paying the entire lease is considered legal if at least one of the following statements is true:The rental unit is unsafe.It violates Arizona's health and safety codes.You are a victim of domestic violence.Your landlord has violated your privacy rights or harassed you.
But even with all requirements met, a tenant must wait 30 days until the next rent period begins for their lease to terminate.
There is no obligation on a landlord to accept a surrender of a commercial lease and landlords will often only do so if there is a benefit in getting possession of the property back early.
Surrendering by operation of law takes place when a new lease is signed or when the tenant abandons the property and the landlord takes possession. In both cases, the landlord takes over the property after the tenant has moved out.
? 33-1318(A)) Termination of Lease. With proof of Domestic Violence status, a tenant is allowed to terminate the lease without penalty, if the tenant provides the landlord with a written notice requesting the release from the lease within 30 days. (Ariz.
