questions & answers

Question: I leased a townhome from a private individual and he uses a realtor to complete his tranacetions for him. I vacated the premises on 6/22. The lease terminated 6/30. His representative told me I would have my security deposit back within 14 days of turning the keys over. I still don't have my security deposit back. The landlord has told me the 14 days started on June 30. I'm getting conflicting information from him and his realtor. Which one is correct?

Answer: Absent something to the contrary in the lease, security deposits are governed by A.R.S. 33-1321. That statute provides as follows: D. Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of all rent, and subject to a landlord's duty to mitigate, all charges as specified in the signed lease agreement, or as provided in this chapter, including the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with section 33-1341. Within fourteen days, excluding Saturdays, Sundays or other legal holidays, after termination of the tenancy and delivery of possession and demand by the tenant the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant, if any. Unless other arrangements are made in writing by the tenant, the landlord shall mail the itemized list and any amount due, by first class mail, to the tenant's last known place of residence. E. If the landlord fails to comply with subsection D of this section the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld. So, it is 14 days from the termination of the tenancy, which sounds like 6/30 in your case. But if the 14 days have passed and you've made a demand for the itemized list and the return of the balance of your security deposit and the landlord has failed to comply, subsection D gives you the right to recover double damages. You would have to file a lawsuit in small claims court/local justice court in order to recover this. It may or may not be more trouble to you than it's worth, but you can certainly use the threat of doing so to get the landlord to quickly get you back your security deposit. Please note that I am working with limited information and we have not established an attorney-client relationship and I therefore cannot provide you specific legal advice. I can and have provided what I hope is guidance that will help you with your issue. I wish you the best in your future endeavors.