Therefore, if the landlord cannot fix the problem, I would suggest the LL is then in Material Breach of the contract, and if a court would find such, you would be entitled to all reasonable /documented cost from this breach , maybe things like moving expenses, moving truck, etc.
Court is a messy thing, never a sure thing, but at the same time, the fact your LL is probably under capitalize is not a legal excuse for failure to perform and not fix the septic system
Talk with a lawyer, you may be in a stronger position to negotiate, esp. look and see if the lease has a provision which awards legal fees to prevailing party
The landlord cannot unilaterally end the lease unless someone has violated the terms of the lease. It maybe that he has since the issue with the sewer makes the house uninhabitable.
As for your leverage against him. Explain to him that you cannot possibly afford to move out in one week with only $100.00 incentive. You need to pay for moving, storage, deposit on a new place, etc.,
Don't hold your breath, however, there are no laws that state that the landlord need to compensate you for moving.
Good luck
figure out what you want....they cannot kick you out ...they need to go to court and evict you...it sound like septic is an expensive fix and they want you to go....you can force them to fix the problem....you file a rent escrow action with the court....you can claim financial hardship to maybe avoid filing fee...rent goes to court to be held...if this was Minnesota you can go to mediation...it is very informal and happens before you talk to the judge...at this point I will mention that look up your rights as a tenant..you are about to cause trouble for the landlord so at the end of the lease he will either make you move or raise your rent...you can make him agree to pay for your moving expenses plus maybe a thousand bucks or fix the septic immediately ...might cost 5000 bucks....not really much of a risk to you...as long as you pay they can't make you move, change the lease...you got some good leverage here
You have complained about the septic tank since residing there. In addition to the $100,00 offered you to move, you are not required to pay this months rent as well as you are .getting your deposit returned to you So add that to the $100.00 this is what the landlord is offering you to move.
You did not indicate the monthly rent nor the deposit, so as to if you are being paid sufficiently to seek and be approved for another rental unit would be unknown by anyone on this forum.
It would appear to me that you are the one with a financial problem. You have no emergency funds to cover the repair of your vehicle nor a move to a better situation.
You might consider a request for an additional amount to move, your landlord might consider adding an additional amount in order for you to move.
Keep in mind your current landlord is not financially required to pay for your complete move to another place. This is your responsibility.
I can not understand why you would move into the rental unit with a septic system problem. These things can only get worse as time go own without them being repaired.
You indicated you wrote this down on your move in document. You should not have moved in, with this situation as it was. Why would you move into a rental unit where you had advanced notice of needed repairs, without the repairs being completed prior to you moving in?
If the city or county health department come to the rental unit and make a decision that no one would be able to live in this rental unit, the city would require you to leave in a time frame they would select.
In having you move, they would not offer any incentives to you to have you move. They would deem the house a health hazard and if you fail to move would have someone from law enforcement come and physically evict you.
This is a consideration you would want to think about.
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
usually they can't terminate a lease. However, i'm thinking that because you now lack sewer system, the house is not longer fit to live in; and because of this, they can end the lease.
TALK with them and find out what they plan to do. I'm betting they can't afford to fix the problem.
They are terminating the lease early due to health hazard. They have to give you 30 days notice. Look up the AZ law on Cash for Keys to see if they have to pay you.
You can choose not to accept the deal. The lease is binding to you and to them, tell them what you need to make it happen.
Here's a tenants association that didn't mention it in their FAQ page.
https://arizonatenants.com
Here's an official tenants handbook
https://www.azag.gov/sites/default/files...
A health official will red tag it and mandate you move out within a few days.
the landlord may have received official notice that because ofa health issue, he cannot continue to rent the property
I am in Arizona and I rent a house, we have had septic issues since we signed the lease. We told them about it at the time of the lease signing and noted it on the move in inspection sheet. The leak is leaking into our back yard and getting worse it has been 3 months since we initially notified the landlord of the problem. Now we got a letter on our door saying we can keep our rent for the month, get our deposit back plus $100 to move but they are only giving us 1 week to find a new place. As of right now I do not have the financial means to move I don't even have a vehicle currently. What are my options? Can I maybe haggle to have them also cover the cost of moving? They are terminating the lease early so as a tenant what are my rights in Arizona when the landlord does an early lease termination?
You have the right to say yes to their proposal, say no or negotiate.
