questions & answers

Question: Is it worth it to file small claims for deposit that has not been returned, with the landlord living in another state and to also have additional charges for not sending letter why deposit wasn't refunded and for entering residence without prior knowledge or permission? How do I start the process?

Answer: The rights and responsibilities of landlords and tenants regarding the return of the security deposit are governed by A.R.S. 33-1321(D) of the Arizona Residential Landlord and Tenant Act. What A.R.S. (which stands for “Arizona Revised Statutes”) 33-1321(D) says is that the tenant must request the return of the security deposit in writing – in a letter delivered either by hand (ideally with a witness present) or by certified mail (return receipt requested) – and that the landlord must respond to this letter from the tenant within 14 days after receiving it by returning the security deposit and/or an itemized list of deductions to the tenant at the address provided by the tenant in the letter (or the tenant’s last known address). If the landlord fails to respond to the letter or does not return a sufficient amount of the security deposit, then the tenant becomes entitled to *double* what the tenant is owed. The subsequent subsection – A.R.S. 33-1321(E) – says that if the landlord fails to comply with A.R.S. 33-1321(D), then “the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld.”