Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I recently had to move since my landlord sold the home we were renting. I have asked for my deposit to be returned. He simply ignores my letters. How can I force him to return the deposit?

Answer: You should look to the Arizona Residential Landlord Tenant Act for guidance. Here is a link: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf Specifically, you want to look to A.R.S. 33-2121, which reads: 33-2121. Security deposits A. On termination of the tenancy, any security deposit may be applied to the payment of accrued rent, including utilities, and the amount of damages that the landlord has suffered by reason of the tenant's noncompliance with the law if the accrued rent and damages are itemized by the landlord in a written notice delivered to the tenant together with the amount due within fourteen days after termination of the tenancy and delivery of possession by the tenant. B. The holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section. C. The amount of any security deposit shall not be changed after the tenant executes the initial rental agreement. Basically it says that they must give you an itemized written notice of any reduction from your security deposit together with what's left of your security deposit within 14 days after termination of the tenancy. If you didn't get an itemized notice, you can sue to get your whole security deposit back. You could file suit in your local justice court. They have forms at the filing counter at each court and can help guide you through the process if you tell them what you want to sue for. Look here to find it: http://recorder.maricopa.gov/pollingplace/getdistrict.aspx I would recommend you consult with a landlord-tenant attorney on the topic as well as you can get an award of attorneys' fees if you are successful. You may find an attorney who is willing to accept the case on a contingency basis. Please note that I am providing general information and guidance based on my limited knowledge of the facts. I cannot provide you with legal advice, and no attorney-client relationship is created hereby. I wish you the best!