Landlord and Tenant Rights and Responsibilities Article
Security DepositsWhat is a security deposit?
A security deposit is a sum of money that a landlord is permitted to charge a tenant at the beginning of a lease or rental agreement in order to ensure that if the tenant causes any damage to the rental unit beyond ordinary wear and tear or moves out without first paying all of the rent that the tenant owes, the landlord will have the money to cover those losses.
Why is it important to document the condition of a rental unit before moving in/out?
Given that one of the major purposes of a security deposit is to ensure that a landlord has the money to cover the cost to repair any damage to the rental unit caused by a tenant, it is strongly recommended that both the tenant and the landlord TAKE PHOTOS AND/OR VIDEO of the rental unit showing its condition both before the tenant moves in and just after the tenant moves out. A tenant who is vacating a rental unit may also wish to have a friend drop by to witness the condition of the unit first-hand.
How much may a security deposit be?
Under Arizona law, a landlord may ask for a security deposit up to an amount that is equal to 1 + ½ month’s rent (A.R.S. §33-1321(A)). A landlord may not ask for more than this. (So, for example, if the monthly rent is $1,000, then the most that the landlord may charge as a security deposit is $1,500, which is one month’s rent ($1,000) plus one-half of one month’s rent ($500).)
May a landlord charge a tenant more than this amount?
As long as it is stated explicitly in the rental agreement, a landlord may ask a tenant to “voluntarily” pay advance rent in any amount (for example, first and last month’s rent) before the tenant moves into the rental unit.
May part of a deposit (or fee) be non-refundable?
If any amount of a deposit or fee is intended by a landlord to be non-refundable at the end of a lease, this must be stated explicitly in the rental agreement, which must also include an explanation of the purpose of the non-refundable deposit or fee (A.R.S. §33-1321(B)). Any part of a deposit or fee that is not specifically designated as non-refundable is considered refundable.
What documents is a landlord required to give a new tenant at move-in?
When a new tenant moves into a rental unit, the landlord must give the tenant:
1. a signed copy of the lease or rental agreement
2. a move-in form on which the tenant can record any damage to the unit that already exists; and
3. written notification that the tenant may be present at a move-out inspection (A.R.S. §33-1321(C).
What may be deducted from a security deposit?
At the conclusion of the rental agreement, the landlord may deduct from the security deposit:
(a) any unpaid rent that the tenant still owes (subject to the landlord’s duty to mitigate future losses)
(b) the cost required to repair any damage caused to rental unit by the tenant beyond ordinary wear and tear
(c) other expenses incurred by the landlord due to the tenant’s failure to fulfill the tenant’s obligations (for example, the cost of removing from the rental unit and disposing of personal items left behind by the tenant), and/or
(d) any other charges that the rental agreement specifically allows the landlord to collect from the tenant (A.R.S. §33-1321(D)).
After the landlord has deducted these amounts (if any), the landlord must return all remaining money from the security deposit to the tenant.
How does a tenant recover a security deposit after moving out?
A tenant who intends to vacate a rental unit should either hand deliver or send by registered or certified mail a letter to the landlord providing written notice of the date on which the tenant plans to move out and also requesting a move-out inspection date so that the tenant may be present. At the end of this article there is a link to a “Notice of Intent to Vacate and Request for Move-Out Inspection Date” form that the tenant may use. The tenant should make and keep a copy of this letter.
When the tenant moves out (or a couple of days beforehand), the tenant should also either hand deliver or send by registered or certified mail a letter to the landlord requesting the return of the tenant’s security deposit and providing the tenant’s new address. At the end of this article there is a link to a “Request for Return of Security Deposit” form that the tenant may use. The tenant should make and keep a copy of this letter as well.
Within 14 days (excluding weekends and holidays) after the tenant has moved out and the landlord has received the tenant’s Request for Return of Security Deposit, the landlord must provide the tenant with an itemized list of all the charges (if any) that the landlord intends to deduct from the security deposit as well as the balance of the security deposit itself (A.R.S. §33-1321(D)). This list of deductions and any amount due must be sent by the landlord to the address identified in the tenant’s written request or to the tenant’s last known residence if no forwarding address was supplied.
Landlord gave permission for me to move out early and help find another tenant. Its been almost 2 months and no one has been approved. Landlord has changed rent price multiple times in ad and doesn't follow up with possible applicants. Plus repairs being done to place means I haven't lived at property all of June. Can I just move on and not worry about paying rent and get my deposit back? My lease is through Dec. 2016, but my landlord doesn't seem to be very quick on finding a new tenant or making sure repairs are done in a timely manner. Repairs are on the chiller system and bathroom as well.
In Phoenix do the park managers have to live on site, in parks where you own the home but not the land and they have a park office?
My apartment is frequently filled very strong smells cigarette smoke, The fumes are coming through the wall and clothes and linens smell from it. It is also causing headaches and sore throat. Can i legally break my lease without penalty as presents a health hazard.
On first week of june my landlord and i had a verbal agreement which was he wasn't going to charge me for the current months rent as long as i turned in my keys to the unit we agreed to go our separate ways but it is now the 5th day into the new month i had expressed to him that my check was accidentally was being mailed to me he have me a few days now the check isn't here yet and he is telling me i have 2 days to move out and if not out on the 3rd day he will show up to collect last months and current months rent and proceed with eviction. Do i have any rights?
My husband and I are separated (not legally yet) and I was wondering if going through a separation or divorce gives you the right to break your lease from an apartment. Is this true?
We rent a house from our landlord. The house has a swamp cooler the connection from the swamp cooler to the water faucet broke. It caused my water bill to increase by $80. My landlord is telling me that it's my responsibility to know if something is broken and therefore I am responsible for the increase. I informed them immediately after I knew and shut the faucet off. The connection is something that needs to get replaced every year. Is my landlord right? Am I responsible for the water bill increase?
I the home owner. I had a management co. The renter tried to fix stuff on his own. EX. tub faucet was taken off and the pipe was caped off with looks like a lotion top. Internal parts of toilet was removed and not replaced. Just to name a few. The never contacted the company to have them fixed. The CO is now telling me stuff I can't charge for the renter for failing to have them so the repairs. They are also telling me that a plumber costs to much & she has a handy man that can do the job instead of the plumber. She is also said doors that have dents can be patched instead of a new door.
Summary: My landlord sent me a notice to vacate from the residence using a text message. Is a text message a legally binding notice to vacate? Full: I have been a tenant for 4 years at the residence. My lease expired July 13, 2018. We did not renew the lease this year, so I've been paying month-to-month. I got a new out of state job and scheduled the movers for July 13. She suddenly sent me a text message on May 30 to vacate by July 1. She did not give me notice that she was looking for a new tenant. I have never been late or delinquent on rent payment. What are my legal options?
It states in my lease that the tenant, "In the event of 'the tenants' failure to give notice of 'the tenants' intention to terminate, 'the tenant' shall be liable for rent for another 30 day period. According to the apartment complex, this means that they can charge rent for an entire month after the lease expires. Is this truly legal?
Who in tucson do I report my landlord about living conditions
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