Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I am being charged my full deposit 4 interior paint due to dirt on the walls and extra administration fee which requires me to pay more money is this correct under Arizona renters rights thank you very much for your time

Answer: There are two issues here. The first issue concerns the damage deposit. The main purpose of a damage deposit is to ensure that if a tenant causes damage to a rental property, the landlord already has possession of the money required to fix that damage. Under Arizona law, in order for that damage to be covered by the damage deposit, it must be damage that is greater than the “ordinary wear and tear” (A.R.S. 33-321) that is caused by the typical tenant. So the only situation in which a landlord may lawfully keep a damage deposit in order to repaint a rental property because there is “dirt on the walls” is if that “dirt on the walls” reflects more than just “ordinary wear and tear.” Before a tenant moves out, the tenant is strongly advised to take photos and/or video for evidence and have a friend or relative drop by to witness the condition of the rental property, just in case the landlord later claims that the damage was more extensive than it actually was. A tenant who has moved out and believes that a landlord is unlawfully keeping all or part of a damage deposit should either hand deliver or send by registered or certified mail a signed and dated letter to the landlord requesting the return of the tenant’s damage deposit and providing the tenant’s new mailing address. Under Arizona law, a landlord has 14 days (excluding weekends and holidays) after the tenant has moved out and the landlord has received this letter to provide the tenant with an itemized list of all the charges (if any) that the landlord intends to deduct from the damage deposit as well as the balance of the deposit itself (A.R.S. §33-1321(D).) If the landlord refuses to return the amount that is owed, the tenant has the option of taking the landlord to small claims court. The second issue concerns the additional administrative fee. Only fees to which the tenant agreed in advance through the lease may be charged by the landlord. A tenant who is charged an unexpected fee should consider requesting a written description and explanation of the fee from the landlord.