Landlord rights for Early termination of Lease??

[deeds1115]

Why is mortgage so high relative to the rent?

Consider selling. That would be one way to get them out.

Sometimes taking a loss is the way to go.

I am seriously considering taking that loss... FYI: My husband and i own 2 other higher-end properties (one purchased well before the rise and collapse of az real estate values--and one bought in 2008--property value down about 15%, but rent actually increasing by about 10% in the past few months. These are occupied and receiving rents on the higher end of the spectrum, so dealing with an older property and lower income tenants has been quite a different experience...

if you read one of my previous posts i gave additional info regarding the terms of the initial lease.

i mention that low rent was charged, b/c they were wanting to move in and were okay with me not doing the planned improvements ahead of time. They knew that should they decide to ask for the improvements down the road, the rent would be adjusted...

ALSO, they indicated that they would be interested in working on some of the improvements themselves and i gladly agreed to cover the cost of any materials necessary to complete the work. to date, they haven't expressed interest in any project (which is fine, as it wasn't a term of their lease)

 

[deeds1115]

That's an unenforceable clause in your lease. You can't have a clause in the lease that is contrary to the state law. In Arizona, the landlord is responsible for all costs related to repair of plumbing, electricity, etc. Any claims by you to a court related to this, including them calling you, instead of the warranty company wouldn't be heard by a judge at all. You can't use this part when trying to evict them.

Lillian, are your sure about that clause being unenforceable? My last real estate agent included it in the lease (for our higher end high-rise property built in 2004 if that matters and also an addendum about late fees...shouldn't an agent here be up to date regarding something like that? Should i be using a real estate attorney instead of an agent?

 

[LillianX]

Yes, it's unenforceable. Your lease does not trump the state law. You can include it in the lease, but you can't actually enforce it, and the court certainly won't enforce it, because the law in Arizona states that the landlord is responsible for all repair costs. You can't require a tenant to pay to fix something that isn't directly their fault.