QUESTION

Can I get out of my lease before the year is out since I would like to move out of the state?

Asked on Apr 18th, 2014 on Landlord and Tenant Law - Arizona
More details to this question:
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2 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Only if you pay the early termination fee provided in the lease (if there is one). Otherwise, you will be liable for any unpaid rent.
Answered on Apr 21st, 2014 at 3:10 PM

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Landlord and Tenant Law Attorney serving Avondale, AZ
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Maybe. You are bound by the Arizona lease you signed until the termination date, but your lease may have a "buy out" provision, whereby you pay a specified amount and the landlord lets you terminate the lease early. It is also possible (although highly unlikely) that your lease includes a provision that allows you to terminate the lease if you move out-of-state, get a new job, etc., but that is normally a provision that you would have had to specifically request. Assuming none of the foregoing apply, then you can talk to your landlord about a "mutual termination," whereby you and the landlord sign a document terminating your lease in exchange for something (normally payment of money by you to the landlord). If you don't have one of the foregoing provisions and your landlord will not agree to a mutual termination, then you are financially responsible for rent until the end of the lease term. If you vacate sooner than that, then you are obligated for all rent, late fees, and any other amounts that accrue under the lease, plus expenses incurred by the landlord to re-rent the rental unit, but less any rent the landlord collects from a new tenant before the end of your lease term. If you don't pay the foregoing amounts and the landlord files a civil lawsuit against you, then you may also be financially responsible for the landlord's attorney's fees and court costs. The foregoing sounds pretty grim, so it is in your best interest to review your lease carefully for one of the aforementioned provisions or, alternatively, offer to pay the landlord enough money to persuade the landlord to agree to a mutual cancellation.
Answered on Apr 21st, 2014 at 2:53 PM

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