Renter's Rights for Terminating Their Lease Without Penalty

There was a time when renters had little recourse against their landlords, but states and municipalities have increasingly passed legislation that defines the obligations of the tenant and the landlord and delineates the remedies available to each.

Possession

If you rent an apartment and the landlord doesn't turn it over to you on the date agreed upon, you may give him five days written notice and terminate your lease. The landlord must return to you any rent or security deposits paid in advance.

Repairs

If repairs need to be done to maintain the building according to acceptable building code standards and the work is not done by the agreed-upon date, the tenant may notify the landlord, in writing, that the lease is terminated. The tenant must specify the repairs that voided the contract.

Vermin

If there are vermin or the apartment is overrun with insects and the landlord does not correct the situation, the tenant may terminate the lease with written notice.

Utilities

If a tenant has rented an apartment with utilities included and the landlord changes that provision, she may terminate the lease in writing without penalty.

Tip

These rights and protections vary among states and municipalities. The situations discussed are valid in Arizona but may differ elsewhere. It is in your best interests to check with your local governmental entity to see if a law is in place where you live. It can protect you and your landlord, to know the law.

References

• Arizona Department of State: Residential Landlord and Tenant Act