Landlord and Tenant Rights and Responsibilities

questions & answers

Question: When I moved in this house was filthy, there were nails and plastics all through the landscaping rocks and weeds everywhere. We paid landscapers to clean up the weeds, paid for a deep cleaning service and we had to pick up all the nails. Once moved in we've had to replace weather stripping and other minor fixes because the owners refuse to pay. We bought a small dog and paid the pet deposite. The house is maintained and looks better than when we moved in. How do I get my deposite and pet deposite back at the end of our lease? And the back door is broken and hard to get in and out of.

Answer: This is for informational purposes only, you may want to consult an attorney for advice.

Please see our article on the Landlord Tenant Relationship at http://azlawhelp.org/articles_info.cfm?mc=3&sc=24&articleid=46

That article states:

Repairs Costing Less Than ½ Month’s Rent or $300

If a rental unit is in need of minor repair(s), and the damage(s) were not caused by the tenant, tenant’s family or guests, the landlord will probably be responsible for making the repair(s). The law requires you first give your landlord written notice of the problem, stating the landlord has 10 days to make the repair(s). If the landlord fails to make the repair(s) after 10 days and the cost of the repair(s) will be less than the greater of ½ month’s rent or $300, you must hire a licensed contractor and get a lien release and either forward the bill to your landlord or pay for the repair yourself and deduct it from your next rental payment. A copy of the bill and the lien release must be included with your rent.

For Information about how to get a security deposit back, see our article: http://www.azlawhelp.org/articles_info.cfm?mc=3&sc=24&articleid=31

When You Move Out

    You should mail a letter to your landlord giving Notice of the date you plan to move out and Requesting a Move Out Inspection date so that you can be present. You will find a form in this article entitled "Request for Move-Out Inspection" that you may use to make this request. Keep a copy of the letter for your records.
    When you move out or a couple of days before, you should mail a letter to you landlord asking for the return of your security deposit. You will find a form in this article entitled "Request for Return of Security Deposit" that you may use. Make sure to put your new address on this form and keep a copy for your records.
    Within 14 days of sending your Request for Return of Security Deposit, excluding weekends and holidays, your landlord must provide you with an itemized list of all charges that he or she intends to deduct from your security deposit, and the balance of your security deposit. Your landlord must mail this itemized list of charges to the address that you specified in your request, or to your last known address if you fail to provide a forwarding address. A.R.S. §33-1321(D).
    At the Move-Out Inspection, you may want to bring a friend along so that you will have a witness. If you can, you may also want to take a camera along to take pictures.

    TAKE PICTURES!!! Whether a move-out inspection is conducted or not, after moving your belongings and cleaning, take pictures to document the condition of the apartment. You may also want to invite a friend over as a witness to the condition of the apartment.

Comments:

QUESTIONS

  • When I moved in this house was filthy, there were nails and plastics all through the landscaping rocks and weeds everywhere. We paid landscapers to clean up the weeds, paid for a deep cleaning service and we had to pick up all the nails. Once moved in we've had to replace weather stripping and other minor fixes because the owners refuse to pay. We bought a small dog and paid the pet deposite. The house is maintained and looks better than when we moved in. How do I get my deposite and pet deposite back at the end of our lease? And the back door is broken and hard to get in and out of.

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