Choosing Where to Live

questions & answers

Question: I am concerned that my landlord did not follow the law in the Landlord Tenant Act (section 33-1321) concerning Landlord Obligations for security deposits. The law says “Within 14 days after termination of tenancy…the tenant shall be provided an itemized list of all deductions…” I received an itemized list of repairs within 14 days but there were no dollar amounts showing what would be deducted from my deposit. 54 days later, they provided an itemized list with deductions. The law does not say only provide an itemized list of repairs. The law says provide an itemized list of repairs WITH deductions. Since they did not provide the dollar amount of deductions within 14 days, did they violate the law? If yes, what do I do?

Answer: You are correct that A.R.S. § 33-1321(D) requires that: “Within fourteen days, excluding Saturdays, Sundays or other legal holidays, after termination of the tenancy and delivery of possession and demand by the tenant the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant, if any. Unless other arrangements are made in writing by the tenant, the landlord shall mail the itemized list and any amount due, by first class mail, to the tenant's last known place of residence.” Assuming no other arrangements had been made between you and the landlord, the landlord should have provided an itemization with itemized-deductions with dollar figures, together with any amount due to you, within the fourteen-day timeframe. Pursuant to A.R.S. § 33-1321(E): “If the landlord fails to comply with subsection D of this section the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld.” You are strongly urged to seek the assistance of an Arizona licensed attorney to ascertain the extent of your damages, and initiate a civil action against the landlord should you wish to pursue this matter. This information is intended to be used as information only, and is not intended to be construed or interpreted as legal advice.

Comments:

QUESTIONS

  • I am concerned that my landlord did not follow the law in the Landlord Tenant Act (section 33-1321) concerning Landlord Obligations for security deposits. The law says “Within 14 days after termination of tenancy…the tenant shall be provided an itemized list of all deductions…” I received an itemized list of repairs within 14 days but there were no dollar amounts showing what would be deducted from my deposit. 54 days later, they provided an itemized list with deductions. The law does not say only provide an itemized list of repairs. The law says provide an itemized list of repairs WITH deductions. Since they did not provide the dollar amount of deductions within 14 days, did they violate the law? If yes, what do I do?

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

  • Welcome to our Newly Redesigned Website! Let us know how we are doing! Please take a couple of minutes to fill out our survey.

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS