Prescott Valley Arizona Real Estate Home Buyers Center.

Prescott AZ Real Estate Breach of Leases

January 10th, 2008

In the case of a breach of lease, both parties have certain remedies at their disposal.

Landlord Remedies

The landlord can file a suit for possession, this is also referred to as an eviction. Before filing the suit, the owner must give the tenant notice. If the tenant does not leave upon receipt of the notice, only the courts may remove the tenant and their possessions, by force, from the premises.

A landlord can file a suit for rent in order to recover past-due rents. In addition, landlords have the ability to file a suit for damages and may sue for any damages incurred because of the breach of the lease.

Tenant’s Remedies

A tenant can file a suit for damages which allows the landlord to be sued because they breached the terms of the lease. There is also a remedy refered to as a constructive eviction, this may occur if the premises is no longer in a livable or habitable condition, or in such a state that it forces the tenant to leave. In this type of occurance the tenant may no longer be held responsible for the payment of any future rents.

Arizona Residential Tenant and Landlord Act A.R.S. Title 33, Chapter 10
and Other Pertinent Statutes - this is the actual law for the state of Arizona

Termination of Leases

There are eight comment ways leases are terminated, these are listed here:

• Expiration of term is when the lease expires or the appropriate and proper notice to terminate is given at the end of the term
• Surrender and acceptance is a mutual agreement by both of the involved parties to cancel the lease. The difference between this and abandonment is that the tenant would not be liable for any more rent in this case, while they would be if abandoning the premises
• Bankruptcy on the part of a tenant will usually terminate the lease
• Destruction of premises will often terminate the lease
• Loss of the property through eminent domain will terminate a lease
• If either the tenant or the landlord breach the terms of the lease, the lease is terminated.
• Eviction of the tenant, or a constructive eviction by the tenant will terminate a lease
• Merger through the lessee becoming the owner of the property will terminate the lease

Entry Filed under: Prescott Arizona AZ Real Estate Market