questions & answers

Question: I moved out of my rental home 2 months ago, 6 months prior to my leasr end date. It was agreed upon mutually by myself and landlord that I could break the lease, as the home was in short sale and an offer had been made on the hone. Today I get an email from my landlord stating that the short sale did not get approved and they are asking for me to pay to have the carpets cleaned, both the front and backyard landscaped and the home cleaned. First off, the home was cleaned when we left and the yard was fine. Can they ask for this to be done 2 mos later because their deal fell through?

Answer:

Often when someone enters into a lease agreement with their landlord they pay a security deposit. A security deposit is a sum of money that your landlord may charge you at the beginning of your lease to ensure that if you cause any damages to the rental unit or move out without paying all of the rent that you owed, your landlord will have money from you to cover those losses. After your lease ends, your landlord may deduct from your security deposit any unpaid rent that you may owe, as well as any other charges that your rental agreement specifically allows your landlord to collect from you. (A.R.S. §33-1321(D) After deducting these amounts, your landlord must return any remaining money from your security deposit to you. By law, your landlord cannot charge you more than an amount equal to 1 ½ month's rent as a security deposit. (A.R.S. §33-1321(A)  Any amount that you pay as a deposit is refundable at the end of your tenancy UNLESS IT IS SPECIFICALLY DESIGNATED IN WRITING AS NON-REFUNDABLE. A.R.S. §33-1321(B) .

You may want to check your lease and see if you made a security deposit when you moved in. Also, if you made any additional agreements for repairs with your landlord prior to moving out please review them to determine your obligations. You may want to review the article on this website titled “Landlord and Tenant Rights and Responsibility”.  To read about Arizona laws concerning housing please review the Arizona Revised Statutes, Title 33 Property. It may be best to speak to an attorney so review the specifics of the lease agreement. The AZ Law Help website has a list of entities that provide low cost or free legal assistance.