questions & answers

Question: My landlord has not returned my security deposit. Next Monday will be 14 business days (AZ law) She is being shady and I have a feeling she has no intention of giving it back or my prorated rent for that matter. (It was a month to month lease but right after I gave my 30 days she found a new tenant so she owes me for 90% of the month as well) In her lease contract she wrote that she has 30 days to return deposit, however that goes against the state law. Will I have to wait 30 days or does State Law trump a lease contract?

Answer: Under the Arizona Residential Landlord and Tenant Act, a landlord has 14 business days, upon termination of a tenancy, to return the tenant’s security deposit (A.R.S. 33-1321). The fact that the lease that you signed provided for a 30-day period is an additional reason why you would be wise – after the 14th day has passed – to send by registered or certified mail or hand deliver to your former landlord (keeping a copy for yourself) a polite but formal signed and dated letter requesting the immediate return of your security deposit (and any other amount owed with an accompanying explanation) in accordance with Arizona law (“Chapter 33, Section 1321 of the Arizona Residential Landlord and Tenant Act”). Be sure to expressly provide her with a valid mailing address and other contact information. If she ignores your written request, and/or a check does not arrive at your mailing address within a reasonable period of time, you will probably want to consider other options (including, as a last resort, a civil claim against her).