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What are possible consequences for breaching lease and moving out early, my landlord is suing me

Asked over 3 years ago - Tucson, AZ

I am on a lease but moved out of the house because of family issues. I have paid rent for the last two months without living there to help my roommate find a replacement but i simply cannot pay it anymore, the landlord says he is taking me to court if i do not pay. I have no idea what to expect or what to do, what will happen to me if he takes me to court? Is there anything i can do?

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Attorney answers (1)

Jeff Adrian Biddle

Reputation Level 14

Answered over 3 years ago. Bankruptcy Attorney in Mesa, AZ.

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The answer depends on your lease. It seems that many leases in Arizona do not have liquidated damages clauses or early-termination provisions. If there is no such provision in your lease, you may be held liable in a court of law. If there is a liquidated damages or early termination clause, follow the requirements and you'll be in the clear. Finally, if you and a roommate signed a lease, it may be possible that you are both wholly liable for the rent and the landlord will have to sue you both to recover if the roommate only pays 1/2. Without actually seeing the lease in person, it is difficult to advise you. Hopefully that helps identify what to look for in your lease document.

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