Landlord and Tenant Rights and Responsibilities Article


Small Claims Court Process

What do you do if your landlord does not meet his or her obligations, or you disagree with the landlord's list of damages?

If your landlord does not provide you with an itemization of the charges against your security deposit within fourteen days, refuses to allow a move-out inspection where you may be present, or you disagree with the list of damages that the landlord claims you owe, you may FILE A CLAIM IN SMALL CLAIMS COURT.

In order to file a claim in small claims court, you must go to the Justice Court in the area in which your former apartment complex is located and obtain the proper forms from the clerk. The courts do charge a filing fee for bringing an action in small claims court, but this fee can be deferred if you can demonstrate that you lack the resources to pay the fee. Anyone who is eligible for Community Legal Services' assistance should be eligible for the fee deferral in small claims court. Ask the clerk for the fee deferral forms, and fill them out and return them to the court. The clerk should be able to explain the procedure for filing a claim in small claims court, and answer your questions concerning the paperwork required. A hearing will then be set where both sides will appear before the judge and tell their story.

What do you say at the hearing in small claims court, and what do you need to bring with you?

If your landlord failed to return your security deposit, and did not provide you with an itemization of any damages or other amounts owed:

If your landlord failed to return your security deposit, and did not provide you with an itemization of damages or other amounts owed, you are entitled to the return of your security deposit, PLUS twice the amount of your security deposit as damages. A.R.S. §33-1321(E). For example, assume your security deposit was $200, you would be entitled to your $200 security deposit back, plus $400 (which is 2 x $200, the amount of the security deposit). Therefore, the Court should enter judgment in your favor for $600.00.

When you go to court, tell the judge:

1.      How much you paid as a security deposit. (Bring your lease or any receipts you may have to prove this.)

2.      That you requested an itemization of the damages and other charges to be deducted from the security deposit. Bring a copy of the letter you mailed requesting the itemization. A sample letter "Request for Return of Security Deposit" is available in this article.

3.      That your landlord never provided you with such an itemization, as required by Arizona law. (A.R.S. §33-1321(D))

4.      That Arizona law provides that you may recover your security deposit, plus damages in an amount equal to twice your security deposit. The Arizona statute that provides for these damages is A.R.S. §33-1321 (included in this article). In addition, in its decision in Schaefer v. Murphey, included in this article, the Arizona Supreme Court interpreted this statute to allow the tenant to recover twice the amount of her security deposit as damages for the landlord's failure to supply her with an itemized statement of damages -- even though the tenant owed the landlord more than the amount of her security deposit for unpaid rent. A copy of this case is also included in this article. Be sure to show the judge both a copy of the statute, and a copy of the Murphey case.

If your landlord did not allow you to be present at a move-out inspection after your request that you be informed of when the move-out inspection would occur, and your landlord failed to return part or all of your security deposit:

When you go to court, tell the judge:

1.      How much you paid as a security deposit. (Bring your lease to prove this.)

2.      That you requested that your landlord conduct a move-out inspection, and that you be permitted to be present for the inspection. (Bring a copy of the letter you mailed requesting the inspection.)

3.      That your landlord never responded to your request for a move-out inspection, as required by A.R.S. §33-1321(C).

4.      That as a result, you have no way of defending yourself against your landlord's allegations of damages, and therefore, fairness dictates that your landlord should have to return your security deposit.

If you disagree with the charges that your landlord deducted from your security deposit:

If you disagree with the charges that your landlord deducted from your security deposit, you may sue your landlord in small claims court for the return of all or part of your security deposit. Your landlord will then have to prove that you are legally responsible for each of the charges identified. To counter your landlord's evidence, it would be helpful, if possible, for you to bring pictures of your apartment from before you moved out showing that the apartment was left in good condition, and witnesses who have been to your apartment and can tell the judge about its condition based upon personal experience.

Udated 5/2006

Attached Document
.pdf Small Claims Court Process


Comments:

On 6/14/07
Amanda said
My landlord claims they never got last months rent and gave me a notice of 5 days to vacate. it is not from the court just has their name on it. Is this legal??

On 11/30/06
Lisa said
I have sent a certified letter to my past landlord....what do I do if they dont reply within the 10 day period?

On 10/6/06
todd said
my landlord provided me with an itemized list, which i disputed. i sent my dispute letter certified mail and it's been over 30 days now, and i still havent heard back from them.

On 8/7/06
S said
We have a dispute over the disposition of the deposit. The landlord has not responded in the last 30 days. Can I go for 2x the amount on this too? If so, it is over $2500.00 - so I need an attorney?

QUESTIONS

  • so i have been renting a mobile home for almost 3 years now my landlord had are septic pumped last year. and septic guy told him we need a new leach line and new tank. tree roots cracked it and roots growing in leach line and tank and not up to code. so he never fixed it and retired in oct. he said he would bring by new landlord so we can meet him and he would fix everything well we have never met him do not no how to get ahold of him. and septic was full again so i used rent to pay for it cant use heater i need help have 2 kids one is 4 other is year can my landlord get away with this??
  • My question is about signing a lease and the rent is showing 745.00 a month which I signed on July 30th of this year. From 09/01/2015 to midnight 08/31/2016. I was told by the manager of the complex that there was a mistake was made by there computer and that the rent should have been for 796.62. This was told to me after I had sign my original lease. The manager wanted me to initial a additional paper to show that the computer should have shown that the rent was suppose to be 796.62.what I want to know is do I pay the 745.62 or the 796.62.
  • What is the time limit on the landlord fixing problems in the house? We have sent 3 requests since August 3, 2014 and they still have not fixed these 2 problems.
  • I have just been approved for an appartment in Peoria and I had to pay $125 admin. fee. This fee was supposed to be part of other fees during move in and now they are saying that it isn't. What can I do?
  • Do I have legal grounds to request that I don't pay my last month's rent at my apartment because of the state of the AC? My AC started leaking so bad that I had to remove the cover from the ceiling, which had been so rusted, that it was dripping out of the rust holes. I found that the condensation pan has a tear that was patched with caulking and it's not even aligned properly! It's an inch thick of rust and it looks as if the air filter has never been changed, so that is why it froze and is now leaking.
  • what can I do if the owner sold the property and the new management is telling me I have to get my deposit back from him and he lives out of state???? The owner also owes me for unpaid wages during my employment there. He took me to court 4 times for payment of non rent but instructed the managers NOT to accept my rent payments. The courts ruled in my favor and I owed him zero. I was still evicted and had 5 days to move. I did a walk-thru with a manager and I left it move-in ready yet I'm fighting now for my deposit... any suggestions?????? Please.
  • Does my landlord have to have the correct size AC unit to support the sq. footage of the home I'm renting from him?
  • What are the legal reasons a landlord can give a tenant a 24hr eviction notice?
  • Is the landlord obligated to provide pesticide treatment if the tenant reports that he found a few roaches. The pesticide treatment on the lease was left blank. The other items were checked on the lease.
  • If CPS has taken my kids will I lose Section 8?

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