questions & answers

Question: We have been renting a condo for 5.5 years and now are moving out. We have heard that no one gets their deposits back. Our biggest concern is the carpet, since it's degraded since we've been here. Is "normal wear and tear" at all a consideration? Is there an algorithm or guide on what they should do. We have an $1100 deposit and can't afford to lose it.

Answer: Under Arizona law, a landlord may retain a tenant’s damage deposit only to the extent required to cover the actual and reasonable cost incurred by the landlord in repairing damage caused to the rented dwelling by the tenant. In order for damage to be covered by the damage deposit, it must be damage that is greater than the “ordinary wear and tear” that is caused by the typical tenant living in a dwelling over a period of time (A.R.S. 33-321). Carpets are not expected to look brand new after 5.5 years. The Arizona Residential Landlord and Tenant Act specifies that a landlord must return a tenant’s deposit within 14 days (excluding weekends and holidays) after the tenant has moved out. If a landlord intends to deduct any charges from the deposit to cover costs that the landlord has incurred in repairing damage caused by the tenant beyond ordinary wear and tear, then an itemized list of those deductions must be sent to the tenant along with the remaining balance of the deposit (A.R.S. 33-1321(D)). It is always recommended that a tenant, upon moving out, deliver to the landlord by hand or by registered or certified mail a formal signed and dated letter requesting the return of their deposit and supplying their new mailing address. The tenant should keep a copy of this letter for their records. If, after the former landlord receives this letter, the landlord refuses to return the deposit without good reason, and the tenant decides to pursue legal action, then proof that the landlord received such a letter will be enormously helpful. (If the landlord refuses to return the amount that is owed, the tenant has the option of taking the landlord to small claims court.) Before the tenant moves out, the tenant is strongly advised to take time- and location-stamped photos and/or video for evidence and have a friend or relative drop by to witness the condition of the rented dwelling, just in case the landlord later claims that the damage at the time the tenant moved out was more extensive than it actually was.