questions & answers

Question: We have moved out of our rental and the move out inspection was done without us being present and they said everything looked fine. We have lived in the residence for 3 years. During this time we chipped the counter which is granite countertops and now the owner is talking about us paying for replacement of a entire new countertop. The chip is about the size of a quarter and our deposit was $900.00. Is this something the owner can do and can they come after me beyond my security deposit?

Answer: Under Arizona law, a residential tenant must “not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so” (A.R.S. 33-1341). One of the purposes of a security deposit is to cover the cost for the landlord of making repairs to the premises made necessary by the deliberate or negligent conduct of the tenant. So one question is whether the chip in the countertop was a result of your deliberate or negligent conduct. Under Arizona law, a residential tenant is required to “exercise diligence to maintain the premises in as good condition as when he took possession, ordinary wear and tear excepted” (A.R.S. 33-321). So another question is whether the chip in the countertop is more than “ordinary wear and tear.” As a general rule, a landlord may retain all or part of the security deposit only when the damage in question is more than “ordinary wear and tear.”