Landlord Question and Answer Forum

Cancellation of lease before expiration in Arizona

I have a tenant that is trying to terminate their lease four months into a year long lease. They are requesting that the lease be cancelled based on their work transfer. What is the law and or protocol for this? They are stating that there is a law which allows him to be released from the lease based on the fact that he has been transferred further than 50 miles away. I cannot find anything that allows that other than military can be released from their lease due to this type of transfer. Any thoughts... Thank you.

I was a renter in FL a few years ago and asked my landlord to put a clause such as this in my lease because the CO I was with at the time had a clause in our contract that we could be transferred and had only 10 days to either accept the transfer or be out of a job. When I did move, I wasn't transferred due to this, but I was moving to Texas. I only had one month left on my lease and didn't expect any of my deposit back but, I assume because I had been a good tenant, he returned my deposit plus an extra $100. As a Landlord now, I think if this ever comes up, I will use common sense and a bit of humanity...you do what is right for both. You can't expect a tenant to give up their job because of a lease that they signed.

Posted by L. Gaye B, TX on Wednesday, November 04, 2009

I would let them out of the lease as long as they have a letter w/ the company's letter-head showing proof that the company is relocating them, to where they are being relocated & signed by at least 2 of their supervisors. I learned this only after letting 1 of my tenants out of his lease only to find out that he moved to a different apartment in the same area. It's always best to be safe than sorry because once they move, you have no recourse.

Posted by Daniel J. & Joyce A. L, AZ on Saturday, December 05, 2009

I have no legal facts but this is my opinion. They signed a contract with you and are responsible for meeting terms of said contract. In my experience in life generally speaking if the shoe was on the other foot you would not receive a break. That said, trying to rent the place out in a timely manner is your responsibility which will lesson their burden.

Posted by Michelle & Doug K, CO on Thursday, December 10, 2009

This has happened to us a couple of times. We work with the tenants and ask that they help us find a renter and be available to show the property. So far it has always worked out that we can get someone in there expediently and are able to refund deposits and cancel the lease. We do our best to make it work for both sides. Elizabeth A., AZ

Posted by Elizabeth A, AZ on Saturday, December 12, 2009