Can I break my lease because of domestic violence in Arizona?

What the law says

Arizona lets a victim of domestic violence leave a lease early. Under section 33-1318(A) of the Arizona Revised Statutes, the right covers a tenant who is a victim of domestic violence, as defined in section 13-3601. It also covers a tenant who was the victim of sexual assault, under section 13-1406, in the tenant’s own home.

The notice. Under section 33-1318(A) of the Arizona Revised Statutes, the tenant gives the landlord written notice asking to be released on a mutually agreed date within the next 30 days. When the notice and its proof are given,

“the tenant shall vacate the dwelling and avoid liability for future rent and shall not incur early termination penalties or fees”

The proof. Under section 33-1318(A) of the Arizona Revised Statutes, the notice comes with one of two documents. The first is a copy of a protective order issued under section 13-3602. The landlord may also ask for a receipt or signed statement that the order was submitted to a court officer for service. The second is a copy of a written report from a law enforcement agency, saying the tenant reported being a victim.

The timing. Under section 33-1318(C) of the Arizona Revised Statutes, the events behind the claim must have happened within the 30 days just before the written notice. The landlord can waive this limit.

What is still owed. Under section 33-1318(D) of the Arizona Revised Statutes, the tenant owes rent through the termination date, plus any earlier debts still due on that date. This is paid on or before the day the tenant moves out. Prepaid rent for the month of termination can be kept, and no refund of it is due.

The deposit. Under section 33-1318(D) of the Arizona Revised Statutes, the landlord may not keep the security deposit because the lease ended early. The landlord may still use it for damage caused by the tenant’s breach of the tenant’s duties in section 33-1341.

What changes the answer

Locks. Under section 33-1318(E) of the Arizona Revised Statutes, a victim can require the landlord to install a new lock, if the tenant pays for it. The landlord may rekey a lock in good working order or replace the whole lock with one of equal or better quality. Under section 33-1318(F), the landlord may keep a key and may refuse a key to the person named in the order or report.

Access by the person named. Under section 33-1318(G) of the Arizona Revised Statutes, a landlord must refuse that person access to collect property if the person is a tenant, has been served with an order of protection naming them, and the landlord has a copy. The exception is entry with a law enforcement officer escorting them in and out.

The reach of an order. Section 33-1318(K) of the Arizona Revised Statutes says:

“An emergency order of protection or a protective order that is issued to a resident of a rental property automatically applies to the entire residential rental property in which the tenant has a rental agreement.”

Co-tenants. Under section 33-1318(J) of the Arizona Revised Statutes, when one tenant ends the lease this way, the tenancy of the other tenants on it ends too. Those who are not victims, other than the person named, may be released from the old lease’s money owed. They may sign a new lease if they meet the current application rules.

The person named. Under section 33-1318(I) of the Arizona Revised Statutes, the person named in the order or report who brings about the early termination may be civilly liable for the landlord’s economic losses. That includes unpaid rent, termination fees and repair costs.

A false report. Under section 33-1318(H) of the Arizona Revised Statutes, a tenant who ends a lease this way and is convicted of falsely filing the report or order is liable to the landlord for treble damages.

Other grounds. Under section 33-1318(L) of the Arizona Revised Statutes, the section does not limit a landlord’s right to end a lease for reasons unrelated to the violence.