The Arizona Landlord Tenant Act and other Arizona laws govern the legal relationships between landlords and tenants. In some cases, the statutory provisions take precedence over the language in a lease contract, so landlords must be careful how they handle interactions with tenants who are violating their lease.
Most lease violations involve the tenant's failure to pay rent on time, and there is no question that when a tenant defaults, the landlord should take prompt action. But if you decide you want to evict a deadbeat tenant, you should be careful of your choice of words in order to ensure your ability to collect all of the damages you are entitled to recover as an Arizona landlord.
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Many Arizona landlords immediately tell their tenant that the lease is terminated when the tenant fails to pay rent or fails to respond to a demand to pay rent. This can be a problem. Under Arizona law, a landlord cannot sue to recover any rent that may have accrued after he or she "terminates" a lease. This is true even if the termination was solely the result of the tenant's failure to pay rent or other breach.
A landlord with a tenant in breach is entitled to evict the tenant, however, and still recover future rent, if instead of terminating the lease he or she instead terminates the tenant's right to possession of the property. This distinction in the choice of words used can mean the difference in thousands of dollars of rent that may be recoverable. Although the Arizona landlord has a duty to mitigate damages by trying to find a replacement tenant, provided reasonable mitigation efforts can be shown, he or she can recover accruing rent after the tenant vacates and other potential damages only if the landlord does not actually terminate the lease.
Arizona landlords should keep in mind that there are some situations where terminating the lease might be the wise thing to do. If there is a potential that the tenant might file bankruptcy to avoid the eviction, the landlord might be in a better position in bankruptcy court if the lease was terminated before the bankruptcy filing.
Whatever the situation, Arizona landlord tenant matters can become quite complex and you should consult with an experienced Arizona real estate lawyer before taking any actions that you have any questions about.
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