Arizona domestic violence lease release: what 33-1318 asks of you, step by step
Under A.R.S. 33-1318, an Arizona tenant who is a victim of domestic violence, or of sexual assault in the dwelling, can end the lease by written notice with a protective order or a police report. The events must be within the 30 days before the notice unless you waive that. The tenant owes rent through the release date, cannot be charged an early termination fee, and can require a lock change at the tenant's cost.
Who can use the Arizona release?
Subsection A covers a tenant who is the victim of domestic violence as defined in A.R.S. 13-3601, or who was the victim, in the tenant's dwelling, of sexual assault under 13-1406. The text of 33-1318 does not name stalking. A tenant who gives the notice and papers described below is released from future rent and cannot be charged early termination penalties or fees.
There is a timing limit in subsection C: the acts or events that made the tenant a victim must fall within the 30 days right before the written notice, unless you, the landlord, waive that limit.
What must the tenant give you?
A written notice asking for release from the rental agreement, with a mutually agreed release date within the next 30 days. With it, the tenant must attach one of two things:
- A copy of a protective order issued under A.R.S. 13-3602. You may also ask for a receipt or signed statement that the order was submitted to a court officer for service.
- A copy of a written departmental report from a law enforcement agency stating that the tenant told the agency about being a victim of domestic violence or sexual assault.
Subsection B lets you ask, in writing, for the name and address of the person named in the order or report, if the victim knows it. The statute does not make the answer a condition of release.
What rent and deposit rules apply after release?
Subsection D limits the tenant, whether solely or jointly liable, to rent owed or paid through the termination date plus any obligations already outstanding on that date. That amount is due on or before the day the tenant leaves. If the tenant prepaid rent for the month of termination, you may keep it and owe no refund.
On the deposit: you cannot withhold it because of the early termination. You may still withhold it for damages caused by the tenant's failure to meet the normal move-out duties in A.R.S. 33-1341.
Example a made-up tenant in Mesa pays $1,350 rent on the 1st and gives a valid notice on the 12th with a protective order, agreeing to a release date of the 28th. Rent through the 28th is already covered by the $1,350 paid on the 1st, you keep it, and no rent is owed for the next month. A $1,350 deposit comes back less any real damage.
Lock changes and access to the unit
A tenant who is a victim may require you to install a new lock if the tenant pays for it. You can rekey a lock in good working order, or replace the whole mechanism with one of equal or better quality. You may keep a copy of the new key, and you may refuse to give a key to the person named in the order or report.
Subsection G goes further. If the named person is also a tenant and has been served with the order, and you have a copy, you must refuse that person access to the dwelling to reclaim property unless a law enforcement officer escorts the person in and out.
What happens to co-tenants and to the named person?
- If several tenants are on the lease, the tenancy ends for all of them (subsection J). Co-tenants who are not the named person may be released from the financial obligations and may be allowed to sign a new lease if they meet your current application requirements.
- An emergency or protective order issued to a resident applies to the entire rental property (subsection K).
- The named person who provokes the early termination may be civilly liable for your economic losses, including unpaid rent, early termination fees, repair costs and rent reductions previously given to the victim (subsection I).
- A tenant convicted of filing a false report or order is liable to you for treble damages for the early termination (subsection H).
- You are not liable for actions taken in good faith under the section (subsection M), and the section does not limit your right to end a lease under 33-1368 for reasons unrelated to the violence (subsection L).
The text I read has no confidentiality clause and no separate retaliation clause. Treat the notice and papers as private anyway, and keep them out of anything shared with other tenants.
How DoorKeeping fits in Arizona
DoorKeeping keeps the written notice, the proof the tenant gave and your reply together in the Arizona tenant's file, with dates. Reminders can mark the agreed release date and the day your lock work is due. Any rent, deposit or lock decision waits for your one-tap approval. This is general information, not legal advice. Check the current statute and your lease before you act.
Sources
Questions
- Can an Arizona landlord charge a fee when a domestic violence victim leaves early?
- No. A.R.S. 33-1318(A) says the tenant does not incur early termination penalties or fees if the notice and a protective order or police report are provided.
- Who pays for a lock change in Arizona?
- The tenant pays the cost of installing the new lock under 33-1318(E). You may rekey or replace the mechanism.
- Does the Arizona release cover stalking?
- The text names domestic violence under 13-3601 and sexual assault in the tenant's dwelling under 13-1406. It does not name stalking.