Landlord and Tenant Rights and Responsibilities

questions & answers

Question: After I moved from my rental property, my landlord claimed there was damage to the property that needed repair and kept half my security deposit. Now he says the repairs cost more and I have to pay him back to additional cost. Can he do that after half the deposit has already been returned?

Answer: There is nothing in the landlord/tenant act that legally prohibits the landlord from suing you for damages caused to the unit even if they have already returned part of the deposit. However, on a factual basis they may have a difficult time convincing a judge about the merits of their case if they previously told you any damage was covered by the security deposit. ARS 33-1321 is the provision of the landlord tenant covering security deposits. It can be accessed at www.azsos.gov.

QUESTIONS

  • After I moved from my rental property, my landlord claimed there was damage to the property that needed repair and kept half my security deposit. Now he says the repairs cost more and I have to pay him back to additional cost. Can he do that after half the deposit has already been returned?

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
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