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Updated over 2 years ago on . Most recent reply

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Melissa B.
  • Arizona
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6
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Tenant Breaking Lease Early Question

Melissa B.
  • Arizona
Posted

My tenant signed a 1-year lease and is leaving eight months early. Here in Arizona, the law is that we have to make reasonable attempts to find another tenant to replacement the tenant (but not in any way that would harm any of my business, lower the standards of the tenants, lower the rent, etc.) Until we find a suitable tenant (and their lease starts), the tenant is responsible for the rent. I cannot legally have two leases for going on at the same time, so what can I have the current tenant sign that says their lease now ends as soon the beginning of a new lease by another party begins or when their current lease ends, whichever is sooner? What would a document like that be called? Thanks.

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
41,101
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @Melissa B.:

Don't make it harder than it has to be. A contract is any written agreement that both parties agree to and that acts within the law. Write a simple document:

"Tenant hereby gives notice of their intent to terminate the lease early. Tenant understands they are responsible for rent, utilities, and all other terms of the lease until a replacement Tenant takes over. Landlord will make a good-faith effort to find a replacement renter as soon as possible to reduce the impact on the departing Tenant. Prior to the new Tenant occupying, Landlord will complete a move-out inspection and turnover like any other lease termination. Deposit will be handled in accordance to the lease and Arizona law."

Both parties sign and you get to work.


  • Nathan Gesner
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