Abusive Husband Enables Wife to Cancel Lease

February 18th, 2018

Abusive Husband Enables Wife to Cancel Lease

Question: My husband and I have leased a home in Scottsdale through next September. Although my husband has physically abused me in the past, this time I had to get a court protective order. I am filing for divorce, and moving back to Colorado to stay with my parents.  Do I still have responsibility for lease payments until September even though I am terrified to be near my husband?

  Answer: Probably not. A.R.S. § 33–1318 authorizes a victim of domestic violence to terminate a lease within 30 days if certain requirements are met, e.g., delivery to the landlord of a copy of a protective order issued by a court.

   Note: There are many resources available to victims of domestic violence. The Arizona Department of Economic Security Domestic Violence Program offers a 24 hour Hotline and contracts with a number of organizations across Arizona for those in need.

   Related Article: Boyfriend is Just an Implied Tenant, and Can be Evicted.


Published in Family Law and Real Property, Landlord & Tenant Disputes