Lease Break by Tenant

[Ravi Kiran]

Hi All,

Here is my scenario. Please let me know your thoughts

My tenant originally signed for a 13 month lease in Arizona: starting from Apr 2019 to May 2019. Now she broke the lease, citing safety issue (due to a guy filing a lawsuit against her). The guy was sent by property manager.

Background:

1) when the lease was signed I had property manager draft the lease. 60 day notice needed for move-out. Full rent due until lease expiry.

2) One day, the property manager sent a guy for repair to the property. Tenant’s dog bit the guy. The guy sued the tenant. Tenant claims (but no proof) that the guy is an illegal immigrant. Now

3) In June 2019 I had to fired the Property manager due to some discrepancies. I am directly dealing with the tenant since then.

4) End of May 2019, the property manager forwarded me a Lawsuit notice for the tenant for the dog bite issue. I sent it over to the tenant

5) Now the tenant says she is feeling insecure as she feels the guy who sued her is an illegal immigrant and that she is a single mom staying in the house. She keeps citing Safety issue with the house due to the above issue.

6) she vacated the home by giving just 10 days notice. She says that it’s a safety issue and she need not give 60 day notice.

I only have her security deposit of 1 month. I am wondering if I should insist her on paying rent for 60 days (30 days of rent from security deposit and ask her to pay remaining 20 days of rent + move out cleanup). I am not aware of any law that allows a tenant to vacate without giving any notice. Please correct me if I am wrong. She left the place in okay condition, but now the tenant is expecting the security deposit back.

Please advice on my questions.

1) After property manager left, is my original lease agreement still valid ? As I didn’t sign another one after property manager left.

2) Am I supposed to honour her safety issue (though without proof) and allow her to leave without proper 60 day notice ?

3) I am happy to get rid of the tenant though, but wondering if I should bear the burden of her moving out of the property, as the property is left vacant now; in spite of having a signed lease in place.

Thanks,

Ravi