residential-lease arizona
Do I have the right to terminate a lease without penalty because I was a victim of domestic assault, and the assaulter is also on the lease?
<p>5 months ago my girlfriend (now ex-girlfriend) and I signed a 1 year lease to rent a house in <em>Arizona</em> with another couple that she has known for many years. The main purpose of this was to save money. <strong>All four of our names are on the lease</strong>. We split everything equally four ways and in theory it would make things a lot cheaper.</p>
<p>4 months into the lease I broke up with my girlfriend. Without going into too many breakup details, I was the victim of <strong>domestic violence</strong> shortly after the breakup (about 2 weeks ago) in which my ex-girlfriend assaulted me. She was taken to jail that night and released sometime the next day on certain terms. One probably being that she couldn't return to the residence.</p>
<p>Now based on my understanding she doesn't technically have any legal binding to pay her part regardless of her name being on the lease. It was a personal agreement between all of us to split everything equally, so the landlord doesn't care who pays what, as long as he/she gets the full amount each month, right? So it comes down to us 3 to come up with the full rent payment now.</p>
<p>The other two are refusing to pick up her part, and I don't really have the money to cover her part alone. No luck on finding an additional roommate yet, but that's not within the scope of this question.</p>
<p>So I read <a href="http://www.nolo.com/legal-encyclopedia/arizona-state-laws-affecting-tenants-domestic-violence-situations.html" rel="nofollow noreferrer">online</a> that I may be able to terminate a lease being the victim of domestic assault -</p>
<blockquote>
<p>Ariz. Rev. Stat. Ann. § §â</p>
</blockquote>
<p>I have no idea how to look up this law, and even if did I probably would not know how to interpret it. So my question is:
<em>Do I have the right to terminate this lease without penalty because I was a victim of domestic assault, and the assaulter is also on the lease?</em></p>

<p>The short answer is yes, but only if you fit the many detailed requirements of the statute set forth below.</p>

<p>The relevant statute is the following section of the Arizona Revised Statutes:</p>

<blockquote>
  <p>33-1318. Early termination by tenant for domestic violence;
  conditions; lock replacement; access refusal; treble damages; immunity</p>
  
  <p>A. A tenant may terminate a rental agreement pursuant to this section
  if the tenant provides to the landlord written notice pursuant to this
  section that the tenant is the victim of domestic violence as defined
  in section 13-3601. The tenant's rights and obligations under the
  rental agreement are terminated and the tenant shall vacate the
  dwelling and avoid liability for future rent and shall not incur early
  termination penalties or fees if the tenant provides to the landlord a
  written notice requesting release from the rental agreement with a
  mutually agreed on release date within the next thirty days,
  accompanied by any one of the following:</p>
  
  <ol>
  <li><p>A copy of any protective order issued pursuant to section 13-3602 to a tenant who is a victim of domestic violence. A landlord may also
  request a receipt or signed statement that the order of protection has
  been submitted to an authorized officer of a court for service.</p></li>
  <li><p>A copy of a written departmental report from a law enforcement agency that states that the tenant notified the law enforcement agency
  that the tenant was a victim of domestic violence.</p></li>
  </ol>
  
  <p>B. A landlord may request from the victim the name and address of the
  person named in an order of protection or a departmental report
  pursuant to subsection A of this section, in writing, if known by the
  victim.</p>
  
  <p>C. The tenant may terminate the rental agreement pursuant to this
  section only if the actions, events or circumstances that resulted in
  the tenant being a victim of domestic violence as defined in section
  13-3601 occurred within the thirty day period immediately preceding
  the written notice of termination to the landlord, unless waived by
  the landlord.</p>
  
  <p>D. If the tenant terminates the rental agreement as prescribed by this
  section and if the tenant is solely or jointly liable on the rental
  agreement, the tenant is liable only for rent owed or paid through the
  date of the lease termination plus any previous obligations
  outstanding on that date. The amount due from the tenant shall be paid
  to the landlord on or before the date the tenant vacates the dwelling.
  If the tenant has prepaid rent that would apply for the month in which
  the lease is terminated, the landlord may retain the prepaid rent and
  no refund is due to the tenant. If the tenant has paid a security
  deposit pursuant to section 33-1321, the security deposit shall not be
  withheld for the early termination of the lease if the tenant meets
  the requirements prescribed by subsection A of this section, but may
  be withheld for payment of damages which the landlord has suffered by
  reason of the tenant's noncompliance with section 33-1341.</p>
  
  <p>E. A tenant who is a victim of domestic violence may require the
  landlord to install a new lock to the tenant's dwelling if the tenant
  pays for the cost of installing the new lock. A landlord may comply
  with this requirement by doing either of the following:</p>
  
  <ol>
  <li><p>Rekeying the lock if the lock is in good working condition.</p></li>
  <li><p>Replacing the entire locking mechanism with a locking mechanism of equal or better quality than the lock being replaced.</p></li>
  </ol>
  
  <p>F. A landlord who installs a new lock at the tenant's request may
  retain a copy of the key that opens the new lock. Notwithstanding any
  provision in the rental agreement, the landlord may refuse to provide
  a key that opens the new lock to the person named in an order of
  protection or a departmental report pursuant to subsection A of this
  section.</p>
  
  <p>G. A landlord shall refuse to provide access to the dwelling to
  reclaim property to any tenant if the tenant is the person named in an
  order of protection or a departmental report pursuant to subsection A
  of this section who has been served with an order of protection naming
  that tenant as the defendant and the landlord has received a copy of
  the order of protection, unless a law enforcement officer escorts the
  tenant into and out of the dwelling.</p>
  
  <p>H. A tenant who terminates a lease pursuant to this section and who is
  convicted of falsely filing a departmental report or order or
  protection for domestic violence is liable to the landlord for treble
  damages for premature termination of the lease.</p>
  
  <p>I. A person named in an order of protection or a departmental report
  pursuant to subsection A of this section who provokes an early lease
  termination under this section is deemed to have interfered with the
  residential rental agreement between the landlord and tenant
  regardless of whether the person named in an order of protection or a
  departmental report pursuant to subsection A of this section is a
  party to the rental agreement, and the person named in an order of
  protection or a departmental report pursuant to subsection A of this
  section may be civilly liable for all economic losses incurred by a
  landlord for the domestic violence early lease termination. This civil
  liability includes unpaid rent, early lease termination fees, costs to
  repair damage to the premises and any reductions or waivers of rent
  previously granted to the tenant who was the victim of domestic
  violence.</p>
  
  <p>J. If there are multiple tenants who are parties to a rental agreement
  that has been terminated under this section, the tenancy for those
  tenants also terminates. The tenants who are not the victims of
  domestic violence, excluding the person named in an order of
  protection or a departmental report pursuant to subsection A of this
  section that caused the termination of the lease pursuant to this
  section, may be released from any financial obligations due under the
  previously existing rental agreement and the remaining tenants may be
  permitted to enter into a new lease with the landlord if the tenants
  meet all current application requirements.</p>
  
  <p>K. An emergency order of protection or a protective order that is
  issued to a resident of a rental property automatically applies to the
  entire residential rental property in which the tenant has a rental
  agreement.</p>
  
  <p>L. This section shall not be construed to limit a landlord's right to
  terminate a lease pursuant to section 33-1368 against the victim for
  actions unrelated to the act of domestic violence.</p>
  
  <p>M. A landlord is not liable for any actions taken in good faith
  pursuant to this section.</p>
</blockquote>
