Legal Question in Landlord & Tenant Law in Arizona
Breaking a lease
We were told when we signed our lease that we could get out of the year lease at any time for a house purchase or a job transfer. We found a house and the landlord is now saying that we must be here 6 months before we can break the lease and pay 2 months additional rent and handed me an addendum showing my options. Since we have only been here 5 months, we have the option to pay $300 for remarketing and continue to pay rent until leased. This is the first time we saw this addendum to the lease. The leasing manager is denying ever telling us our option to get out with a 30 day notice. We close on our house in 2 weeks. Honestly we would not even think about looking at houses if we needed to be here 6 months. That was why we chose this location. They signed us up for a 1 year lease when we only wanted a 6 month but she reassured me again that there would be no problem getting out of this lease and we would get a better deal (and her a better commission!) Is there anyway to avoid paying this $300 marketing fee and continuing to pay rent on this apartment. It is her word over mine. Also, isn't a lease addendum suppose to be given to you and signed off by the tenant? Please respond ASAP. Any help would be great
1 Answer from Attorneys
Re: Breaking a lease
You need legal assistance right away.
Generally, an addendum is not valid unless signed by both parties to the lease.
The oral representations of the leasing manager are probably not binding on the company if the written terms of the lease say something different. This because the law assumes that the written document controls.
Still, I would obtain competent legal advice from a local practitioner immediately. If I were in your shoes I would tell them that pursuant to the agreement made on signing the lease, as modified by the statements of the leasing manager, which was a material inducement to sign the lease, that you are breaking the lease and they'll have to come collect anything they think they're owed in court.
Most of the time they'll use a collection agency to try and get their money, but won't actually sue you. If they do, they'll probably sue in Small Claims, and you'll have an opportunity to tell your side of the story.
But to be on the safe side, see an attorney in your jurisdiction to have him review the documents and give you specific legal advice about the specific facts in your case.
Good luck
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