Arizona Real Estate Law

by Christopher A. Combs

The following is for informational purposes only and is not intended as definitive legal or tax advice. You should not act upon this information without seeking independent legal counsel. If you desire legal, tax or other professional advice, please contact your attorney, tax advisor or other professional consultant.

Two Months’ Rent Unrecoverable After Settlement With Landlord

Question: My apartment lease was scheduled to terminate in October. I purchased a home in June, however, and broke my apartment lease when I moved into my new home. Although I owed rent for the four months of July, August, September, and October, I only paid for July and August with my landlord waiving the rent for September and October. I have now learned from a friend that still lives in the apartment complex, that my landlord immediately rented out my apartment when I moved out in June. Can I now get back the July and August rent that I paid the landlord?

Answer: The general rule is that, if a tenant breaks a lease, the landlord has a duty to mitigate any damages from the breaking of the lease. In other words, the landlord has a duty to try and find another tenant for the remainder of the unfulfilled lease term. This duty of the landlord could include newspaper advertising, distributing flyers and brochures, and posting notices on the community bulletin board. If the landlord is able to find a tenant for the unexpired lease term, the obligation of the former tenant to pay rent to the landlord terminates. In your situation, however, in the eyes of the law you and the landlord probably settled the claim of the landlord for four months rent by your payment of two months rent. Therefore, even though your landlord may have been able to immediately re-rent your apartment, you cannot recover the two months rent you paid in settlement.

Phoenix attorney Christopher A. Combs is a partner with the firm of Combs Law Group, P.C. Reprinted with permission. Copyright 2006, all rights reserved.

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• Removal of seller from home after closing
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