Landlord and Tenant Rights and Responsibilities

questions & answers

Question: landlord requested for us to look for another home to move in because they were going to move back into home and we still had 9 months left on lease, so can the landlord hold any of our security deposit or do they need to refund all of it?

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), a landlord may keep only that part of a non-refundable security deposit that will cover any financial expenses that the landlord has incurred due to a violation of the rental agreement by the tenant (A.R.S. §33-1321). Without knowing exactly what your lease termination agreement with your landlord was or whether or not the landlord had a good reason to keep all or part of your security deposit in order to cover expenses – repairs or lost rent – caused by you during the tenancy, it is impossible to say what your rights or the landlord’s responsibilities are. If you would like to discuss the specifics of your situation with an attorney, There are links to organizations offering free or low-cost legal services on this website, and the LegalLEARN Helpline toll-free telephone number is 1-866-637-5341.