ISSUE:

The landlord and tenant executed a month-to-month lease for a home. The tenant pays to the landlord a security deposit and the first month’s rent. On the first day of the lease, the tenant is moving in and notices a water leak in the home and refuses to complete the move into the home. The landlord immediately repaired both the water leak, and all damage caused by the water leak. Can the tenant terminate the lease and receive the return of the first month’s rent and the security deposit?

ANSWER:

Probably not. The landlord immediately repaired the water leak and any damage from the water leak. There was no material breach of the lease by the landlord. Therefore, the tenant can only terminate the lease by delivering to the landlord the thirty-day notice required by A.R.S. § 33-1375(B) to terminate a month-to-month lease.

Arizona REALTOR® Magazine – January 2009


About the Author

Michelle Lind

K. Michelle Lind, CEO of Arizona REALTORS®, is also an attorney, State Bar of Arizona board certified real estate specialist, and the author of Arizona Real Estate: A Professional’s Guide to Law and Practice.
Please note that this article is of a general nature and may not be updated or revised for accuracy as statutory or case law changes following the date of first publication. Further, this article reflects only the opinion of the author, is not intended as definitive legal advice and you should not act upon it without seeking independent legal counsel.