Breaking a lease within 1st month?

[Merlin2000]

What is the name of your state (only U.S. law)? AZ

My friend just moved into his own apartment in the same complex I live in. He's been here about 25 days now and is wanting to break his lease.

The police show up to the complex every couple days for various reasons (underage drinking, DUIs, fights, etc), and at least once every weekend. There are a ton of loud parties, so depending where you stay, you either have a nice and quiet place to live, or a very loud and obnoxious place. Unfortunately he has the latter.

I don't know what AZ law states regarding breaking a lease. I'm not sure the tenant has 3 days after they move in to decide if they want to stay, or if it's the first 30 days, or no recourse at all.

My lease states I need to give 60 days notice, and pay 1.5 months rent in order to break the lease. I'm sure his lease says the same, so I don't know if there is anything else he can do other than paying that.

He can always have his day in court about it, but if he loses that then he's screwed.

 

[treese]

Your friend has a legally binding lease and he cannot break it (without penalty) for the reasons you describe.

If his lease has a termination clause that allows for a specified notice and termination fee, then that is what he must follow to break the lease.

 

[HomeGuru]

What is the name of your state (only U.S. law)? AZ

My friend just moved into his own apartment in the same complex I live in. He's been here about 25 days now and is wanting to break his lease.

The police show up to the complex every couple days for various reasons (underage drinking, DUIs, fights, etc), and at least once every weekend. There are a ton of loud parties, so depending where you stay, you either have a nice and quiet place to live, or a very loud and obnoxious place. Unfortunately he has the latter.

I don't know what AZ law states regarding breaking a lease. I'm not sure the tenant has 3 days after they move in to decide if they want to stay, or if it's the first 30 days, or no recourse at all.

My lease states I need to give 60 days notice, and pay 1.5 months rent in order to break the lease. I'm sure his lease says the same, so I don't know if there is anything else he can do other than paying that.

He can always have his day in court about it, but if he loses that then he's screwed.

**A: if he can prove that the landlord is violating the lease provisions, he may be allowed early termination for just cause. He really needs to read and understand the landlord tenant law. And follow it.

 

[Who's Liable?]

There are no grace periods for rental contracts in AZ. Only documented domestic violence issues allow a person to legally break a lease with very little notice and no monetary punishments.

 

[FarmerJ]

Your friend can call the police every time there is excessive noise , disturbance , Your friend can choose to learn if your town has a ord addressing noises afterX pm. Your friend can keep calling the police every time there is a drunken disturbance going on too, can if your town has local ords spelling out conditions where after X number of calls to a address if the city atty contacts the LL with notices to begin to clean up what ever the problem is , Your friend can start pressuring city council person about the disturbances. Your friend can start a log book and note disturbance instances and after a month or so start putting them into a letter to the LL and city council person via certified letter to put pressure on , maybe the LL will be the one say ` if your not happy here Ill let you out of lease` it must be in writting if your friend counters `with no penalty? there is no real easy out here with out a penalty to the tenant. but if police calls skyrocket police will not treat it lightly eventually they are going to go to city atty and push city atty into contacting the LL.

 

[Merlin2000]

Doesn't sounds like there are any laws that would let him break the lease, however, I do like this idea:

Your friend can call the police every time there is excessive noise , disturbance , Your friend can choose to learn if your town has a ord addressing noises afterX pm. Your friend can keep calling the police every time there is a drunken disturbance going on too, can if your town has local ords spelling out conditions where after X number of calls to a address if the city atty contacts the LL with notices to begin to clean up what ever the problem is , Your friend can start pressuring city council person about the disturbances. Your friend can start a log book and note disturbance instances and after a month or so start putting them into a letter to the LL and city council person via certified letter to put pressure on , maybe the LL will be the one say ` if your not happy here Ill let you out of lease` it must be in writting if your friend counters `with no penalty? there is no real easy out here with out a penalty to the tenant. but if police calls skyrocket police will not treat it lightly eventually they are going to go to city atty and push city atty into contacting the LL.

Thanks for the tips! It's probably wise that there isn't an easy way to back out of an apartment lease. I would hate to be on the other end of things and have my tenants back out.

 

[FarmerJ]

In the city that I used to live in when I had rentals the city had this deal where after X number of calls to a property not only did the city atty write to owner but put them on notice that they would be at risk of the property being declared a nuisance and I actually recall a few LLs who literally had rental lic terminated due to the problems they tolerated.