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Is it legal in AZ to break my lease if I am buying a home? If so what is the law # that states it is legal.

Glendale, AZ |

I am planning on buying a home. My need to break my lease is two fold. I now live in a 2 story town house. I have had 5 spinal fusion surgeries, An artificial hip, severe osteoporosis, osteoarthritis in my knee. I need to be living in a one story,because climbing up & down stairs has become very difficult without pain. So I would like to purchase a home to get the one story. I have lived here a little over a year. My last spine surgery was 04-2012. I felt I had no choice but to renew my lease in May,due to the fact I was in no shape to even think about moving. My health is deterioting, & not having to climb stairs would be much easier on my body. Thankyou for your time.

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Attorney answers 2


It is not a "crime" to break a lease. In fact, we are all free to break any contract we enter into at any time. The question is, what damages does the non-breaching experience when you breach your lease? Without going into too much detail, if you decide to break your lease, the landlord has to attempt to keep his "damages" as low as possible. To do that, he/she has to go out and try to find a new tenant as soon as possible. If the rent paid by the new tenant is equal to or greater than the rent you are paying, then, in fact, the landlord is better off! Meanwhile, while the house is vacant, the landlord is entitled to continue to receive rent payments from you. Added to this is the uncertainty as to when you will end up finding a new home to move to. So, my non-legal advice is to see if your landlord will agree to allow you to have an early termination right, with perhaps you giving the landlord 30/60/90 days advance notice so that they have time to find a new tenant?

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I agree with Mr. Nagle and only want to add that many lease agreements describe the procedure and penalty to terminate a lease early. You should review your lease.

William Fife is an Attorney with Fife & Cesta, a compassionate firm conveniently located off the US 60 in Mesa, Arizona. The answers given here are based on the information in the question; for a complete answer you should have a consultation with an attorney you trust. Call now for a free bankruptcy consultation. We carefully evaluate your situation and give you real advice.

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