Legal Question in Landlord & Tenant Law in Arizona

Can I vacate my apartment before the end of the lease if my landlord has not kept up their end of the deal? After two months of my twelve month lease I gave a notice to my apartment saying they had ten days to resolve the noise issues I had been having with a neighbor. This was after multiple calls to their personal security patrol, talks with the manager, and having the police break up a party. After the ten days were up I told them the problem persisted and was told the noisy residents were moving in two weeks and to wait. Turns out they are not moving and now my landlord refuses to let me out of my lease. They claim since I did not call their security patrol that they had resolved the problem (even though I came to their office twice with complaints after the ten days). They said I can't leave without paying a very large fine to end the lease and waiting another thirty days. Can I leave without paying this charge and leave when my letter said I would?


Asked on 3/29/10, 7:17 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

In order to minimize your risk, I suggest that you file an action in Justice Court seeking termination of your lease. You are entitled to the "quiet enjoyment of the premises" which you are clearly not getting. It sounds like the landlord, and its agent, the manager, have breached your lease agreement, not providing a quiet place, have fraudulently represented that the problem tenant is moving, and are wrongfully denying your consistent presentation of noise complaints. Be sure to ask the court to terminate the lease, give you all of your deposits back and to compensate you for the cost of moving, which you have to do because of the landlord's breach. You could also try to get damages, the difference between what this apt rents for and the rent at the place where you want to go.

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Answered on 4/04/10, 3:45 pm


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