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?
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