Can a tenant “walk away” from a signed lease?

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Can a tenant “walk away” from a signed lease?

How can I take back property if T abandons it? T signed lease last month for a move-in on the 1st of this month. T paid a security deposit and half of 1 month’s rent and had access to the home since the 18th of last month. Thhis month, on the 2nd, T called LL and informed LL that there was mold under the sink. LL responded by immediately (that day) having all mold removed and arranged for repair. LL pro-rated T rent until the 10th with promise that issue would be resolved (agreed to verbally and in writing). On the 6th, T informed LL that he was going to “walk away” and wanted his money back. LL refused keys from T and T threw them in house. LL offerred T to buy out contract for 1 month’s rent. T refused.

Asked on December 8, 2012 under Real Estate Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Assuming the tenant has abandoned the rental, you as the landlord need to send a notice to the former tenant's forwarding address advsing of the abandonment and your attempt to rent it out. You should consult with a landlord tenant attorney to make sure you are doing properly and to see what your legal recourse would be for damages as to the balance of money owed under the lease.


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