questions & answers

Question: We moved into a apartment in February. The ac never worked, electrical problems, landlord never fixed. Plus bug issue. We never signed a lease or contract. We just moved out beginning of May because he refused to repair items in timely manner. He also wanted late fees because I didn't deposit rent into his personal bank account. I always paid in person., But he was out of state, so I got money order and held it till he returned. He demanded late fees. Now he refused to return our deposit. He didn't do a walk through when we vacated either. What can I do. He charged us 1100 deposit.

Answer: Section 33-1321(D) of the Arizona Residential Landlord and Tenant Act states that after the tenancy has ended and the tenant has sent a signed and dated letter to the landlord demanding the return of the tenant’s refundable security deposit, the landlord has 14 days, excluding Saturdays, Sundays, or other legal holidays, to provide the tenant with the amount due and payable to the tenant (if any) along with an itemized list of all deductions (if any). Unless other arrangements are made in writing by the tenant, the landlord must mail the itemized list and any amount due, by first class mail, to the tenant’s last known place of residence. Section 33-1321(E) states that if the landlord fails to comply with Section 33-1321(D) – by sending neither the amount due and payable to the tenant nor an itemized list of deductions to the tenant within 14 business days after receiving a formal written request from the tenant – then the tenant may go to court to recover not only the money due and payable to the tenant but also damages in an amount equal to twice the amount that the landlord has wrongfully withheld.