Sometimes a rental arrangement makes it all the way to the end of the agreed term, and sometimes the situation requires the early termination clause to be invoked. In Arizona, as in all states, there are provisions for early termination by the landlord and the tenant.
Termination by the Landlord
The landlord may terminate the rental agreement for a variety of reasons, but they are all fairly broad and pertain to abiding by the terms of the rental agreement.
Tenant or tenant’s guests or invitees fail to comply with any term of the rental agreement.This includes failure to pay rent, falsifying material information on the rental application, and not abiding by the rules and regulations imposed by the landlord.
Tenant commits a material noncompliance with this Agreementper A.R.S. § 33-1368. The referenced Arizona statute outlines the circumstances regarding a material breach that affects the health and safety of the tenants and/or other tenants. It is important to note that the tenant must receive proper notification of material breaches that can be remedied or repaired, and allowed adequate time to respond before the landlord can terminate the rental agreement. Other material breaches that are irreparable and that jeopardize the health, safety and welfare of the landlord, his agents, and any other tenants constitutes reason to immediately terminate the rental agreement.
Tenant refuses to allow lawful access to the unit.Lawful access is the right of the landlord to protect his property and to perform necessary maintenance. Proper notice of entry is required in all states, and Arizona is no exception. Therefore, a tenant’s refusal to allow lawful access provides the landlord with an opportunity to terminate the rental agreement.
Termination by the Tenant
Of course, tenants also have rights to early termination. The rights of a tenant to terminate a rental agreement in Arizona are a bit more specific.
- Tenant is the victim of domestic violence.
- Tenant is a law enforcement officer protected under an injunction against harassment per A.R.S. § 33-1318.01.
- Landlord commits a material noncompliance with the rental agreement per A.R.S. § 33-1361. Similar to the procedure for landlords above, the tenant must provide appropriate notice and sufficient time for the landlord to cure a material noncompliance with the rental agreement that affects the health and safety of the tenant and occupants of the unit.
- The premises is damaged or destroyed by fire or casualty to an extent that enjoyment of the premises is substantially impaired.
- The landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant.
- Landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant.