Landlord and Tenant Rights and Responsibilities Article
Security Deposits
What 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.
Attached Document
Security Deposits
Comments:
QUESTIONS
-
I requested 2 services for repairs going on 5 days now and the landlord has yet to complete them. Texting back and forth and on 3 occasions, the current one tonight, Maintenance Man was suppose to arrive to complete one of the repairs but never showed up.
-
Can my landlord unreasonably deny consent to assign my lease? The lease states it is not allowed without consent but does not state whether landlord can unreasonably deny.
-
Can we force the owner of our park to have a meeting with the mobilehome owners
-
I applied at an apartment complex and they told me I needed to pay a holding fee so they can hold the apartment for me. All I did qawas sign the application and told them i would bring tye holding fee another day so they gave me another form stating all of the fees I was to pay at move in. (You sign that AFTER you pay the holding fee). So a couple days later I went in and cancelled my application and now they're sending me to collection for that holding fee. I asked to be shown the policy on that and all they showed me was a paper saying the amount and next to it "non-refundable".
-
Can I be charged lawn work when I vacate the home
-
In june or july our gas was shut off due to non-payment. when a technician came to turn services back on he left a notice stating the waterheater was in unsafe condition and the light had not been lit. After consulting with Southwest gas, we were told NOT to light it ourselves under any circumstances. When we informed our landlord of this (via text message) he bombarded both my husband and I with vulgarity, and told us he wasn't fixing anything. In fact, he accused us of breaking it. We STILL have no hot water and I am now at the point where I am ready to sue. Need some guidance, please?
-
Is having a working phone line (I ordered phone service but there are no phone jacks in my house) considered an essential utility?
-
I am late on the rent I have no rental agreement with them. electric is included in the rent. he has shut off my power in his main breaker box and locked it he also came in while I was away and changed the locks
-
my room mate is holding my belongings and won't release them until I pay $1500 to him is this legal
-
My 2 daughters reside at clear creek apartments flagstaff...they pay 1250 a month for their apartment. In the amenities it list HEAT is one the items provided in the apartment. They have a THERMOSTAT SWITCH in the apartment. When they did their walk through they were instructed to turn on to be sure it was in working order it WASNOT they told management and have NOT RECEIVED ANY response. They have been told nothing about it. I have sent emails and placed phone calls to have no response. What can we do. They are freezing. Short of buying space heaters for every room and run the risk of fire
STORIES
LegalLEARN
-
Free & Reduced Fees Legal Aid Resources
Click Here to apply online, or call
866-637-5341.
FIND LEGAL HELP
- Please select your county of residence below.
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
- DNA- People's Legal Services - Window Rock
View full description - National Domestic Violence Hotline
View full description - Pro Bono Program - Yavapai County
View full description - Catholic Community Services in Western Arizona
View full description - Florence Immigrant and Refugee Rights Project
View full description