Legal Question in Real Estate Law in Arizona

renters rights

I recently moved out of my apartment on 8/31/99 because i was moving into my newly built house. The end of my lease for my apartment was supposed to be 10/31/99 but i had to break the lease so that i could move into my new house. I recieved a letter from the apartment complex stateing that I had to pay for 2 months of the remaining term on my contract 9/1/99-9/31/99 and 10/1/99-10/31/99. then they reversed that decsion and told me that now i did not have to pay for the 2 months , but instead i have to pay 167 dollars which they say accounts for the time that the apartment was vacant from 9/1/99-9/10/99 because they rented the apartment out on 9/11/99 so they are making me pay for the time that the apartment was vacant, i gave them verbal that i would be breaking the lease if my house was finshed before the end of my apartment lease i also filled a written notice out on 8/1/99 because, that's when i was notified on the final closeing date of the house. what are my rights?? Do i have to pay for the time that i was not living at the apartment??? what does the law in this matter??? regarding my particular situation

thanks


Asked on 10/29/99, 2:11 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: renters rights

The lease is a contract for the use of real property. The property owner is bound to allow the renter to use the property, so long as the rent is paid. The renter is bound to pay the rent for the entire term of the lease.

The landlord took the proper steps to reduce the damages, the amount you owe on the remaining term of the lease, You were fortunate that the apartment was rerented so quickly. You could have been liable for the entire two months rent.

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Answered on 11/02/99, 1:55 am


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