Legal Question in Real Estate Law in Arizona
breaking a lease
I live in NY, my daughter is a college student in Az. She moved off campus last year into a apartment complex, she signed a 1 year lease to which I co-signed. After Christmas break she re-newed her lease which starts August 2008 I did not sign for this new lease. Shortly after this there was 1 attempted rape and 1 actual rape in the complex. I do not want her staying there for safety reasons. She went to the office and was told she can not get out of her upcoming lease. What are my legal rights and options??
1 Answer from Attorneys
Re: breaking a lease
Bring the lease to a lawyer for review. If the lease has a provision for early termination, then go that route. If not, then notify the landlord of your intent to terminate and try to work out a settlement.
A lease is just a contract, nothing more. If your daughter breaches the contract then she is liable to the landlord for damages. However, the landlord is only entitled to its *actual* damages. AND, the landlord has a duty to try to find a new tenant for that apartment. My guess is that, between now and August, the landlord will find a new tenant and therefore will suffer zero damages.
The worst case scenario is that your daughter will have to keep paying the rent until the landlord finds someone else to rent the apartment.
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