Legal Question in Real Estate Law in Arizona

How do I get out of a rental contract?

I paid six months up front, and two months after that and now have other obligations that require me to break the lease. It is a one year lease. How do I get out of it without my landlord sueing me for the remainder $4368 for the last four months? Is there any way to do it legally? He has done nothing wrong... It is due to our situation...


Asked on 1/22/06, 10:30 pm

2 Answers from Attorneys

James Jenkins Jenkins Law Center PLC

Re: How do I get out of a rental contract?

You are in a tough spot. There is no way to "break" a lease when the landlord is not in default. Bear in mind that you are requesting an opinion on a lease we cannot see, so we are limited in our ability to give an opinion.

Try to find your own replacement tenant, which forces the landlord to accept that person if they meet all the required qualifications. Or settle with the landlord. Advertise the space immediately. One problem tenants have is that new prospective tenants will be placed by the landlord in other vacant spaces in the building before they will place them in yours, so find your own if you can. Good luck.

James D. Jenkins

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Answered on 1/23/06, 5:37 am
Donald Scher Donald T. Scher & Associates, P.C.

Re: How do I get out of a rental contract?

The landlord has a duty to minimize damages in the case of breach of the lease agreement, that is to say, he has a duty to re-rent the apartment and only charge you for the actual loss of rent he suffered. If he re-rents the apartment next month or 3 months later, he might owe you some money or you might be responsible for only one month.

You should negotiate a settlement with the landlord.

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Answered on 1/22/06, 11:04 pm


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