Landlords, Tenants and Domestic Violence

Landlord Rights - Landlords, Tenants and Domestic Violence

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Landlords and tenants who enter into a lease agreement typically do so in good faith. The tenant needs somewhere to live and the landlord needs person to offset the expenses related with the property. A topic generally misunderstood is that of domestic violence and the possession of the parties involved.

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Landlord Rights

A tenant who has been a victim of domestic violence may be able to break their lease agreement. Obligations under the lease would be complete and the tenant would have to vacate the property. The landlord cannot payment early termination fees or hereafter rents.

The tenant must give consideration to the landlord within 30 days of the incident. Written proof documented by an order of safety or a police narrative must also accompany the consideration to vacate. This information must be in case,granted in writing to ensure the tenants' rights.

The tenant also has the option of requesting the landlord change the locks on the home at the expense of the tenant. A re-keying of the lock or a new lock mechanism is acceptable. The landlord does have a right to a copy of the new key.

The landlord also has a right to request the name and address of the person named on the order of safety or police report. If this information is unknown by the tenant, a statement of such must be in case,granted by the tenant. Again, this is to ensure the possession of the renter.

If the person named on the order of safety is a party to the current lease agreement, the landlord can refuse way to such named person unless accompanied by the police or law enforcement agency. The landlord does need a copy of the order of safety to impose this. The landlord cannot plainly take the word of someone else lessee.

If a tenant attempts to terminate a lease based on a domestic violence incident and the claim is false, the tenant could be convicted of falsifying legal documents. The tenant could also be held liable for civil damages to the landlord. Additional legal ramifications could apply.

If there are any tenants to the lease agreement, the request for the lease termination applies to all parties, including the victim. The remaining tenants can enter into a new lease with the landlord but this is not an self-acting process. New requirements including deposits can be dissimilar than the customary agreement.

These general laws apply to the State of Arizona and may not apply in other states nationally. If you are inspecting breaking a lease, consulting an attorney is always advisable. This narrative does not constitute legal advice.

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