Landlord and Tenant Rights and Responsibilities

questions & answers

Question: My landlord did not require a deposit and is now sending a bill for cleaning of the apartment. I am under the impression that cleaning is something the landlord must do and therefore a cost of doing business.

Answer: Generally, a landlord does not have to require a security deposit from tenants under Arizona law. In fact, the amount of a security deposit is limited by law. A.R.S. § 33-1321(A). Even if the landlord does not demand a security deposit, the tenant still has a legal duty to keep the premises in “clean and safe” condition. A.R.S. § 33-1341(2). Furthermore, a tenant must follow the reasonable rules and regulations that a landlord adopts. See A.R.S. § 33-1342. Depending on the terms of the lease agreement with the landlord, a tenant may bear responsibility for cleaning that goes above and beyond “ordinary wear and tear.” See A.R.S. § 33-321. This holds true even if the landlord did not take a security deposit; however, if the landlord did take a security deposit, the landlord may deduct the cost of extraordinary cleaning directly from the deposit upon termination of the tenancy. A.R.S. § 33-1321(D). Failure to maintain the premises according to law and the lease agreement may result in the landlord taxing the costs against the tenant as unpaid rent or immediate payment. See A.R.S. § 33-1369. Please see an attorney for fact-specific advice.