Landlord and Tenant Rights and Responsibilities

questions & answers

Question: can landlord dedact cost of carpet cleaning and paint use for painting inside the house from security deposit after tenant move out and left house in felthy condition

Answer:

A.R.S. 33-1321 http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01321.htm&Title=33&DocType=ARS states that “The purpose of all nonrefundable fees or deposits shall be stated in writing by the landlord.”  If a lease agreement states that funds from the security deposit can or will be used to repair the property once the tenant vacates, then the portion of the security deposit so used will remain nonrefundable.

Included in what a landlord can withhold are any damages that the landlord suffers as a result of the tenant’s noncompliance with A.R.S. 33-1341 http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01341.htm&Title=33&DocType=ARS.  Under A.R.S. 33-1341, the tenant is required to “keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises allows,” and to “dispose from his dwelling unit all ashes, rubbish, garbage, and other waste in a clean and safe manner.” 

You may also wish to consult the article “Landlord and Tenant Rights and Responsibilities” http://azlawhelp.org/articles_info.cfm?mc=3&sc=24&articleid=25 as it may contain more information that will be helpful in answering your questions.