Breaking a Lease in Arizona:
Landlord/Tenant Guide 2024

Breaking a lease in Arizona is a highly undesirable outcome that comes with significant consequences.

Whether you’re an Arizona tenant or landlord weighing your options regarding breaking a lease, it’s critical to learn the relevant laws and understand your rights before making any decisions.

To get you up to speed, we’ve analyzed Arizona landlord-tenant laws, meticulously reviewed the Arizona Revised Statutes, and gathered all the necessary information you need in this article.

Review Your Lease Before Taking Action

Before making any weighty decisions, take some time to review and re-read your rental contract. Revisiting your agreement will help you grasp the potential consequences of terminating your lease so you can properly analyze your options going forward.

If you’ve signed a week-to-week or month-to-month lease, ending your contract usually only requires that you give your landlord a seven- or 30-day move-out notice.

However, if you’ve signed a fixed lease with a definitive end date, terminating the contract will be a bit more challenging. These longer-term lease agreements exist to grant landlords and renters security while preventing short-notice move-outs.

Legal Reasons for Breaking a Lease in Arizona

According to the Arizona Revised Statutes, certain conditions allow landlords and tenants to break their Arizona rental leases without legal ramifications. Here they are:

Active Duty Military Obligations

The Servicemembers Civil Relief Act (SCRA) is a federal law that allows service members across all 50 states to terminate rental agreements without obligation if they are called to duty and must vacate their residence for 90 days or longer

The SCRA applies to members of the Army, Marine Corps, Navy, Air Force, Coast Guard, Reserve component, National Guard, and commissioned officers of the Public Health Service or the National Oceanic and Atmospheric Administration.

Rental Unit is Uninhabitable

According to ARS § 33-1324, a landlord must ensure that health and safety codes are met, repairs are made in a timely fashion, and that they provide tenants with a safe, peaceful, and habitable dwelling. If landlords fail to do so, tenants might have grounds to break their lease.

Some examples of an uninhabitable dwelling include:

• Lack of essential utilities
• Extreme heat or cold due to lack of air conditioning or heating
• Major structural problems
• Pest infestations
• Electrical or plumbing issues
• Mold

If your residence becomes uninhabitable, document the issue, notify your landlord immediately, and request that they fix the problem. If they don’t resolve the issue within a reasonable timeframe, you have two options:

• Repair the issue and deduct the cost from the next rent payment
• Document the landlord’s failure to respond to your requests for resolution, notify them you are legally terminating your lease early, and move out

Domestic Violence and Sexual Assault

ARS § 33-1318 states that if a tenant is the victim of domestic violence or sexual assault, they can terminate their rental agreement and vacate their dwelling without being held liable for early termination fees or future rent payments.

To properly nullify their lease, the tenant must provide documentation of the domestic violence or sexual assault and give the landlord written notice requesting release from the contract on an agreed-upon date within 30 days.

Further, if a tenant fears for their safety, landlords must install new locks upon request to help ensure their well-being.

Harassment of Law Enforcement Officer

Law enforcement officers can also exit their rental agreements if they provide landlords with documentation of harassment, along with a written notice requesting release from their contract within the following 30 days, as stated in ARS § 33-1318.01.

Additionally, if a law enforcement officer vacating their rental agreement received a lease concession or benefit from their landlord, they must return it before leaving the rental unit.

Landlord Harassment of Tenant

In Arizona, a landlord must give their tenants two days’ notice before entering a rental unit to make repairs unless there’s an emergency (ARS § 33-1343). If landlords fail to give proper notice to a tenant, demand repeated entry, or enter at unreasonable times, their behavior could be considered harassment.

Repeated landlord harassment makes a residence uninhabitable, and tenants may have the right to end their lease early if landlords fail to cease the undesired behavior after a tenant’s request.

Early Termination Clause in Rental Agreement

Some rental contracts include clauses that allow tenants or landlords to nullify a lease under certain circumstances.

A few examples of early termination clauses are:

• Tenant must exit their rental due to job relocation
• Tenant experiences income reduction due to loss of employment
• Tenant transfers to a new school and must relocate
• Tenant agrees to move into a new unit under the landlord’s control
• Landlord must perform repairs that make the unit uninhabitable

Clauses like these are precisely why tenants should always review their lease before breaking it. By exercising an early termination clause, tenants could avoid paying fees, receiving negative references, or facing legal action from their landlord.

Tenants Breaking a Lease without Legal Justification

Whether you found a new job in a different city, need to move closer to family, or are simply ready for new living arrangements, you probably don’t have legal recourse to break your lease in Arizona.

But before you terminate your lease agreement, consider these options first:

Try negotiating with your landlord: Have an honest talk with your landlord (or write them a letter) and explain why you need to end your rental contract early. Landlords who empathize with your situation might be willing to work out a deal.

Find a subletter: Try to find someone to move into your rental and take over the terms of your lease. Landlords aren’t required to allow subletters in Arizona, so check your lease to ensure there isn’t a clause preventing you from doing so.

Landlords Breaking a Lease without Legal Justification

Landlords can only force tenants to leave by following eviction protocols or by exercising an early termination clause in the rental agreement.

Breaking a lease for any other reason is illegal.

As with tenants, landlords have a couple of options to consider:

Try negotiating with your tenant: Explain to your tenant why you need to end the rental contract and discuss options with them. You might need to sweeten the deal to get them to agree, so consider helping the tenant find a new rental or paying for their moving expenses.

Offer your tenant a settlement to move out early: If you can’t negotiate an exit with your tenant, consider paying them a reasonable sum of money if they agree to nullify their rental agreement and vacate the property.

Penalties for Tenants Breaking a Lease in Arizona

If tenants can’t reach an agreement with their landlord or find a subletter, they might have no other option but to break their lease.

If so, they could face some of the following consequences:

• Security deposit forfeiture: Tenants who break leases might have to forfeit some or all of their security deposit to compensate for missed rent payments or fees.
• Owed rent/fees: If landlords can’t find a new renter, they might ask tenants to pay money on top of their security deposit to cover lost income while the property sits vacant.
• Legal action from landlord: If landlords have trouble collecting money from tenants, they could take them to court and sue for losses.
• Poor rental references: Tenants who break leases and leave on unfavorable terms could receive negative references, making it harder to find their next rental.

Landlord/Tenant Rights and Responsibilities

According to Arizona Revised Statutes, landlords and tenants have certain rights regarding lease-breaking. Here are a few:

Landlord Have the Right To:

• Access to rental properties for maintenance and repairs (with proper notice)
• Charge late rent fees for rent not paid by the due date; there is no late-rent grace period in Arizona
• Initiate eviction proceedings if a tenant violates the terms of their lease

Landlord Are Responsible For:

• Ensuring that the rental dwellings are safe and habitable at all times
• Providing tenants with reasonable notice before entering the rental property
• Returning security deposits within 14 business days of the lease agreement’s end date

Tenant Have the Right To:

• Live in a safe, peaceful, and habitable dwelling 

• Repair the rental unit if the landlord doesn’t do so and deduct the expenses from their next rent payment
• Receive their security deposit back within 14 days of the lease agreement’s end date

Tenant Are Responsible For:

• Paying rent on time; there is no late-rent grace period in Arizona
• Abiding by the terms of their rental agreement at all times
• Granting the landlord access to the rental for repairs and maintenance (with proper notice)

Legal Help for Landlords and Tenants

Arizonans seeking legal assistance should refer to the resources listed near the bottom of our Arizona Landlord-Tenant Law Page or consider visiting the following websites:

• Arizona Department of Housing: Provides access to the entire Arizona Landlord and Tenant Act
• AZ Law Help: Lists resources for those who can’t afford lawyers; connects those who qualify with low-cost and pro bono lawyers
• Maricopa County Bar Association Lawyer Referral Service: Refers landlords and tenants to qualified lawyers for a $50 fee

Prevent Broken Leases with TurboTenant

TurboTenant can help landlords prevent broken leases in several ways. Here’s how:

• Screen applicants to vet potential tenants and find reliable renters
• Generate Arizona lease agreements that discourage tenants from breaking leases
• Manage repairs and maintenance to ensure rentals are always inhabitable
• Accept rent payments digitally to ensure smooth and timely transactions
• Help renters find subletters if they need someone to take over their lease

Sign up for TurboTenant today (for free) to experience how much easier your property management experience can be.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

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