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FACTS:                    

The landlord and tenant entered into an Arizona REALTORS® Residential Lease Agreement.  The tenant has attempted to terminate the Lease on multiple occasions.  Now the tenant is claiming that he can terminate the Lease for “health and safety” reasons because the lock on the arcadia door broke.  The landlord is suspicious as to how the lock was “broken.”  Nonetheless, the landlord had the lock repaired within 24 hours, but the tenant still claims he can cancel the Lease.

ISSUE:                      

Is the tenant legally entitled to cancel the Lease based on the broken lock?

ANSWER:                

No.

DISCUSSION:         

In some circumstances, a tenant may terminate a lease for “health and safety reasons.”  See generally A.R.S. §§ 33-1324 and 33-1364.  However, a broken lock that was fixed within 24 hours does not rise to the level contemplated by the statute to allow for a cancellation of the Lease.