Can I terminate my lease early due to landlord's noncompliance?

Full question:

I've signed a year lease on a rental home with the landlord but am wanting to terminate the lease after only 3 months. We had a written agreement before moving in that the landlord would have a working pool system for us becuase it was not working at the time, and have the paint on the driveway scraped up because it was peeling. After 3 months he still had not gotten them done and is now trying to blame us for the pool not working. He has also on numerous occasions jumped the fence in the backyard to gain access to the house without asking our permission while we are living there. Is there any way we can break the lease with minimal penalization to us?

• Category: Landlord Tenant
• Subcategory: Lease Termination
• Date: 04/07/2025
• State: Arizona

Answer:

You should review your lease agreement to understand your rights and obligations, as well as those of your landlord regarding maintenance. According to the law, if a landlord fails to comply with the rental agreement, including providing a habitable living environment, you may have grounds to terminate the lease.

If the landlord has not remedied the issues you mentioned (the pool system and driveway paint) after three months, you can send a written notice specifying these breaches. If the landlord does not address these issues within ten days, you may terminate the lease (A.R.S. § 33-1361).

Additionally, the landlord must provide reasonable notice before entering the property, and repeated unauthorized access could be considered harassment, allowing you to seek termination of the lease (A.R.S. § 33-1343). If you choose to terminate the lease due to these issues, the landlord must return your security deposit and any prepaid rent (A.R.S. § 33-1373).

For further assistance, consider consulting a local attorney or legal aid service.