Landlord and Tenant Rights and Responsibilities

questions & answers

Question: We moved out 12 days before end of lease and had inspection we were present for and she said it looked great and posted a new rent sign. Just got our deposit back and the charged us $260 for cleaning which we had done and $530 for repairs they had done such as changing bulbs and cleaning the outside of the grill. Is this legal. Shouldn't we have been notified so we could have seen these things and possibly addressed them ourselves. We still had time left in the lease and they had traffic going through for showings. We left the house perfect.

Answer:

The Arizona Residential Landlord/Tenant Act http://www.azhousing.gov/azcms/uploads/PUBLICATIONS/Landlord%20Tenant%20Act.pdf governs the payment and return of security deposits.  (The Arizona Residential Landlord Tenant Act is found in Arizona Revised Statutes Sections 33-1301 through 1381. The provisions regarding security deposits is Section 33-1321. http://www.azleg.state.az.us/ars/33/01321.htm)

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 in small claims court. 

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.


To find out more information about the Small Claims Court Process for Security Deposit’s view this article: http://www.azlawhelp.org/articles_info.cfm?sc=24&mc=3&articleid=32

To find out more about Security Deposit’s in general view this article:
http://www.azlawhelp.org/articles_info.cfm?sc=24&mc=3&articleid=31

To find out how the law applies to a specific situation, you may want to contact an attorney http://www.azlawhelp.org/articles_info.cfm?mc=5&sc=35&articleid=129

QUESTIONS

  • We moved out 12 days before end of lease and had inspection we were present for and she said it looked great and posted a new rent sign. Just got our deposit back and the charged us $260 for cleaning which we had done and $530 for repairs they had done such as changing bulbs and cleaning the outside of the grill. Is this legal. Shouldn't we have been notified so we could have seen these things and possibly addressed them ourselves. We still had time left in the lease and they had traffic going through for showings. We left the house perfect.

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