What are the penalties for terminating a lease early if there have been problems from the start?
Full Question:
I spoke with a rental manager in person. Explained I was new to the area. I asked if it was a nice, low crime, and quiet neighborhood, and she assured me it was! I requested a 2bdrm apt. She said they had one. I went to look at #614, and said fine, I would go to the bank and be right back, as she said they had to have a money order. When I returned, 20 min later, she said it rented, but they had another, but it would not be ready for 2 days and I could stay in a 1 bedroom in the meantime. 10 days later it was ready. It is anything but quiet. A train runs right by and blasts it siren all hours of the day or night. Kids play basketball outside my window at 1am in the morning. The was and still is, weatherstripping missing on the front door. When i moved in there, there were pidgeon nests on the front and back patios that took did not get cleared off for a week, until I did it myself. Not to mention, all bird droppings continually on both balconies that leave them useless... Or the dead bird that lay below the balcony for a week. I've been there 3 weeks....I asked for a 6 month lease and in looking over the lease I see it says 11 months. What can they do if I say I want out of the lease....worse case scenario.
10/31/2007 |
Category: Landlord Ten... ยป Lease Termin... |
State: Arizona |
#11355
Answer:
The following are Arizona statutes:
33-341. Termination of tenancies
A. A tenancy from year to year terminates at the end of each year unless
written permission is given to remain for a longer period. The permission
shall specify the time the tenant may remain, and upon termination of such
time the tenancy expires.
B. A lease from month to month may be terminated by the landlord giving
at least ten days notice thereof. In case of nonpayment of rent notice is
not required.
C. A tenant from month to month shall give ten days notice, and a tenant
on a semimonthly basis shall give five days notice, of his intention to
terminate possession of the premises. Failure to give the notice renders
the tenant liable for the rent for the ensuing ten days.
D. When a tenancy is for a certain period under verbal or written
agreement, and the time expires, the tenant shall surrender possession.
Notice to quit or demand of possession is not then necessary.
E. A tenant who holds possession of property against the will of the
landlord, except as provided in this section, shall not be considered a
tenant at sufferance or at will.
33-343. Premises rendered untenantable without fault of lessee;
nonliability of tenant for rent; right to quit premises
The lessee of a building which, without fault or neglect on the part of
the lessee, is destroyed or so injured by the elements or any other cause
as to be untenantable or unfit for occupancy, is not liable thereafter to
pay rent to the lessor or owner unless expressly provided by written
agreement, and the lessee may thereupon quit and surrender possession of
the premises.
33-361. Violation of lease by tenant; right of landlord to reenter; summary
action for recovery of premises; appeal; lien for unpaid rent; enforcement
A. When a tenant neglects or refuses to pay rent when due and in arrears
for five days, or when a tenant violates any provision of the lease, the
landlord or person to whom the rent is due, or the agent of the landlord or
person to whom the rent is due, may reenter and take possession, or,
without formal demand or reentry, commence an action for recovery of
possession of the premises.
B. The action shall be commenced, conducted and governed as provided for
actions for forcible entry or detainer and shall be tried not less than
five nor more than thirty days after its commencement. In addition to
determining the right to actual possession, the court may assess damages,
attorney fees and costs pursuant to section 12-1178.
C. If judgment is given for the plaintiff, the defendant, in order to
perfect an appeal, shall file a bond with the court in an amount fixed and
approved by the court and payable to the clerk of the superior court,
conditioned that the appellant will prosecute the appeal to effect and will
pay the rental value of the premises pending the appeal and all damages,
attorney fees, costs and rent adjudged against the appellant.
D. If the tenant refuses or fails to pay rent owing and due, the landlord
shall have a lien upon and may seize as much personal property of the
tenant located on the premises and not exempted by law as is necessary to
secure payment of the rent. If the rent is not paid and satisfied within
sixty days after seizure as provided for in this section, the landlord may
sell the seized personal property in the manner provided by section
33-1023.
E. When premises are sublet or the lease is assigned, the landlord shall
have a like lien against the sublessee or assignee as the landlord has
against the tenant and may enforce it in the same manner.
33-362. Landlord's lien for rent
A. The landlord shall have a lien on all property of his tenant not
exempt by law, placed upon or used on the leased premises, until the rent
is paid. The lien shall not secure the payment of rent accruing after the
death or bankruptcy of the lessee, or after an assignment for the benefit
of the lessee's creditors.
B. The landlord may seize for rent any personal property of his tenant
found on the premises, but the property of any other person, although found
on the premises, shall not be liable therefor. If the tenant fails to allow
the landlord to take possession of such property, the landlord may reduce
the property to possession by an action to recover possession, and may hold
or sell the property for the payment of the rent.
C. The landlord shall have a lien for rent upon crops grown or growing
upon the leased premises, whether the rent is payable in money, articles of
property or products of the premises, and also for the faithful performance
of the terms of the lease, and the lien shall continue for a period of six
months after expiration of the term of the lease.
D. When premises are sublet, or when the lease is assigned, the landlord
shall have the same lien against the sublessee or assignee as he has
against the tenant and may enforce the lien in like manner.
