What Arizona law says about abandonment
Arizona's landlord-tenant law treats leaving as "abandonment" only in specific circumstances. Under A.R.S. § 33-1370, one definition is when a tenant has been absent without notice for at least seven days, rent has been unpaid for ten days, and there's no reasonable evidence the tenant is still living there. Another applies when the tenant has been absent at least five days, rent has been unpaid for five days, and no personal property remains.
When a tenant abandons the unit, the landlord must make reasonable efforts to rent it at a fair rental. If the landlord doesn't make those efforts, or accepts the abandonment as a surrender, the lease ends on the date the landlord has notice of the abandonment. If the landlord rents to a new tenant for a term that starts before your lease expires, your agreement ends on the date the new tenancy begins.
What the landlord does
- Sends a notice of abandonment by certified mail and posts it on the door for five days.
- After that, may retake the unit and re-rent it at fair rental value, if no personal property remains.
- May apply your security deposit to accrued rent and reasonable costs caused by the abandonment.
- Must inventory any belongings you leave, notify you where they are, and hold them for fourteen calendar days before disposing of them.
What you can end up owing
Even with a duty to re-rent, you can owe rent for the months the unit is empty, plus fees your lease names and any damage. Unpaid amounts can be sent to collections, which can affect your credit and make it harder to rent in future.
Better than walking away
- Tell the landlord in writing before you leave, and ask what they would accept.
- Offer a replacement tenant. A new tenancy ends your lease the day it begins.
- Get any agreement in writing, including the date your responsibility ends.
- Document the condition of the unit when you leave.
A service like Dryft can find the replacement tenant for you. If Dryft doesn't find a replacement tenant, you get your money back: you can request a full refund for any reason until the incoming tenant signs the official lease.
Frequently asked questions
Can my landlord make me pay the rest of the lease if I move out?
Possibly. You can remain responsible for rent through the lease term, less what the landlord recovers by re-renting the unit. In Arizona the landlord must make reasonable efforts to re-rent an abandoned unit (A.R.S. § 33-1370).
Does my landlord have to find a new tenant?
In Arizona, if a tenant abandons the unit, the landlord must make reasonable efforts to rent it at a fair rental. That duty doesn't stop you from owing rent for the time the unit is empty.
What happens to my stuff if I leave it behind?
The landlord must inventory it, tell you where it is and the storage cost, and hold it for fourteen calendar days before donating, selling or disposing of it (A.R.S. § 33-1370).
What if Dryft can't find a replacement tenant?
You get your money back. Dryft's Service & Refund Agreement lets you request a full refund for any reason until the incoming tenant signs the official lease, and the service is risk-free until then.
Sources
This page is general information, not legal advice. Laws and lease terms vary, so check your own lease and talk to a lawyer or a tenant rights organization about your situation.