Many landlords offers rental concessions as a way to attract new tenants. The signs are everywhere… “Free Rent”, “1/2 Off First 3 Months” and even “Free Plasma TV with 1 Year Lease.” When the market is saturated, like the current Phoenix market, landlords get creative.
We gotten some emails asking what damages a landlord can ask the court to consider regarding concessions and evictions.
As with all things legal, we turn to people with the “JD” thing behind their name and that person is most often Phoenix landlord/tenant attorney Andy Hull. Regarding concessions and evictions, Andy says:
The normal lease agreement usually will have a provision for rental concessions that were given to the tenant as an inducement in signing the lease. These rental concessions then would be repayable as unpaid rent in the event the tenant does not fulfill the lease agreement.
The courts have seemed to be consistent in allowing rental concessions in evictions. The lease must specifically state that the concessions must be repaid as additional rent if the contract is not fulfilled. Most of the courts will also prorate the concessions for those used as of the date of the eviction.
We hope this info has been of help. If you need a knowledgeable landlord/tenant attorney in the Greater Phoenix Market, Andy Hull is a well known quantity. Just go to his web site for contact info and such.
Best to you,
Gene Urban & Ron Urban
The Urban Team at Realty Executives
602-234-5777
