Landlord and Tenant Rights and Responsibilities
questions & answers
Question: 3/31 Lease on rental home ended. 3/18 Move-out inspection done with owner. No finding except 3 bulbs needed. Owner stated he would mail check next week. 3/20 Rec'd signed inspection list for 3 bulbs. 3/20 Utilities shut off. 3/22 Rec'd email from owner stating I was obligated to keep utilities on until 3/31. And that he was going to do work on the house. He suggested I give him an amount to deduct for utilities till 3/31. And if not I can refute deductions upon receipt of deposit. Need direction in the event I pursue legal action.
Answer: Under Arizona law, upon termination of the rental agreement the tenant must request the return of their security deposit from the landlord in writing. The landlord then has 14 business days to return whatever deposit is owed plus an itemized list of deductions (if any) (A.R.S. 33-1321(D)). Landlords often claim that the tenant caused damage to the dwelling that required repairs. This is why it is important for tenants to conduct both their move-in walkthroughs and their move-out walkthroughs with the landlord and/or to take photos and/or video of the condition of the dwelling both as they move in and as they move out. Landlords cannot lawfully charge their tenants for repairing damage that predated the tenancy or damage that constitutes “ordinary wear and tear” (A.R.S. 33-321). A tenant whose landlord claims deductions that the tenant does not think are proper has 60 days after receipt of the landlord’s itemized list to dispute the deductions in writing (A.R.S. 33-1321(D)).
QUESTIONS
-
3/31 Lease on rental home ended. 3/18 Move-out inspection done with owner. No finding except 3 bulbs needed. Owner stated he would mail check next week. 3/20 Rec'd signed inspection list for 3 bulbs. 3/20 Utilities shut off. 3/22 Rec'd email from owner stating I was obligated to keep utilities on until 3/31. And that he was going to do work on the house. He suggested I give him an amount to deduct for utilities till 3/31. And if not I can refute deductions upon receipt of deposit. Need direction in the event I pursue legal action.
STORIES
-
He told me that I could actually get all the money I needed by using my home as collateral. . .
-
Age discrimination in the workplace. . .
-
He told me that I could actually get all the money I needed by using my home as collateral. . .
LegalLEARN
-
Free & Reduced Fees Legal Aid Resources
Click Here to apply online, or call
866-637-5341.
YOUR FEEDBACK IS NEEDED
- Let us know how we are doing! Please take a couple of minutes to fill out our survey.
FIND LEGAL HELP
- Please select your county of residence below.
OTHER LEGAL RESOURCES
-
State Bar of Arizona
www.azbar.org -
Maricopa County Bar
www.maricopabar.org
Referral number 602-257-4434 -
Pima County Bar
www.pimacountybar.org
Referral number 520-623-4625 -
National Domestic Violence Hotline
800-799-7233 -
Bankruptcy Court Self Help Center
866-553-0893 -
Certified Legal Document Preparer Program
Link
ORGANIZATIONS
- DNA- People's Legal Services - Window Rock
View full description - Quilt Modest Means Program
View full description - Arizona Center for Disability Law - Tucson
View full description - DNA - People's Legal Services - Chinle
View full description - Attorney General’s Office (Tucson)
View full description