Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I recently moved out of a rental home 10/31, my understanding is the landlord has 14 days to either return your security deposit of supply a document showing the deductions we did not receive anything until 10/31 and it came in the form of a email not a letter, they said they had mailed it but we did not receive it and I have email showing it was clearly if it was mailed at all it was sent well after the 14 days. I am trying to understand the tenant law is it correct because they didn't comply with the 14 days I can get all deposit of the back ?

Answer: What the Arizona Residential Landlord and Tenant Act says about the return of the security deposit is this: When or after the tenant moves out, the tenant must request the return of the security deposit from the landlord. After receiving this request, the landlord has 14 days, excluding Saturdays, Sundays or other legal holidays, to provide the tenant with an itemized list of all deductions together with the amount due and payable to the tenant, if any. Unless the tenant makes other arrangements with the landlord in writing, the landlord must send the itemized list and any amount due by first class mail to the tenant’s last known place of residence. The tenant then has 60 days to dispute the amount that the landlord claims is due to the tenant or the tenant loses their right to take the landlord to court to recover another amount (A.R.S. 33-1321(D)). If the landlord fails to comply with A.R.S. 33-1321(D), then the tenant may go to court to recover the money due to the tenant along with additional damages of twice the amount that has been wrongfully withheld by the landlord (A.R.S. 33-1321(E)).

QUESTIONS

  • I recently moved out of a rental home 10/31, my understanding is the landlord has 14 days to either return your security deposit of supply a document showing the deductions we did not receive anything until 10/31 and it came in the form of a email not a letter, they said they had mailed it but we did not receive it and I have email showing it was clearly if it was mailed at all it was sent well after the 14 days. I am trying to understand the tenant law is it correct because they didn't comply with the 14 days I can get all deposit of the back ?

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  • State Bar of Arizona
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