How to Break an Apartment Lease Legally in Arizona
Although it is possible to legally break your lease in Arizona, as of February 2010, the state allows only one reason to end a lease without a penalty: If the landlord is not maintaining the apartment so that it is safe and inhabitable, you can leave without paying a fee, but if you break your lease for any other reason, there will be penalties involved.
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Instructions
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Review your lease agreement to look for the section about breaking your lease. It will detail the penalties for breaking your lease in the state as well as any conditions that must be met before you can break the lease without being penalized. Pay attention to the notice period listed in the agreement, which is usually 30 to 60 days.
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Seek the assistance of a lawyer that specializes in renter's rights; if you don't know any lawyers, ask friends and colleagues for referrals. You can also get help from an organization such as Arizona Tenants Advocates, which offers assistance to renters who need to break a lease. If you have a meeting with a lawyer or organization, bring your lease agreement with you so that you can go over it together.
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Write out your notice to vacate your apartment. Make sure it meets the required notice period as listed in your lease. Send it to your landlord via certified mail, which you can do at your local post office. With certified mail your landlord will have to sign for delivery and you will get the signed receipt back in the mail. Be sure to hold on to the signed receipt in case you must later prove that the landlord got your notice.
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Find someone to rent your apartment once you leave if your lease states that you have to continue paying until a new renter is found. This may not be required by your landlord, but it can be helpful in your situation.
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Pay any fees that are required to break your lease and return the apartment in good condition. You may want to take photos or video of the inside of the apartment in the event that you need to prove what condition you left the apartment in when you moved out.
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Tips & Warnings
If you have a safe or uninhabitable apartment try to document its condition with pictures or video of your apartment.
You may lose your security deposit by breaking the lease; check your lease agreement to see if that is the case.
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