I have an investment property in Phoenix Arizona which the current tenant paid 2 years rent in advance, due to his horrible credit. The lease is expiring January 2008. Neighbors tell me that the tenant is hardly there, all utilities have been shut off, since he cannot afford it and the property is vacant weeks at a time. Once in a while he drops in to sleep over night. My lease contract states that under Arizona Law if tenant is away from property and does not notify owner the property would be considered abandoned. So if I file a notice of Abandonment and he does not answer and I get the property back, would I be entitled to give him the prepaid rent back?
Do you have anything in the lease regarding pro-rated rent? What if they wanted to break the lease early?