questions & answers

Question: I am concerned that my landlord did not follow the law in the Landlord Tenant Act (section 33-1321) concerning Landlord Obligations for security deposits. The law says “Within 14 days after termination of tenancy…the tenant shall be provided an itemized list of all deductions…” I received an itemized list of repairs within 14 days but there were no dollar amounts showing what would be deducted from my deposit. 54 days later, they provided an itemized list with deductions. The law does not say only provide an itemized list of repairs. The law says provide an itemized list of repairs WITH deductions. Since they did not provide the dollar amount of deductions within 14 days, did they violate the law? If yes, what do I do?

Answer: You are correct that A.R.S. § 33-1321(D) requires that: “Within fourteen days, excluding Saturdays, Sundays or other legal holidays, after termination of the tenancy and delivery of possession and demand by the tenant the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant, if any. Unless other arrangements are made in writing by the tenant, the landlord shall mail the itemized list and any amount due, by first class mail, to the tenant's last known place of residence.” Assuming no other arrangements had been made between you and the landlord, the landlord should have provided an itemization with itemized-deductions with dollar figures, together with any amount due to you, within the fourteen-day timeframe. Pursuant to A.R.S. § 33-1321(E): “If the landlord fails to comply with subsection D of this section the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld.” You are strongly urged to seek the assistance of an Arizona licensed attorney to ascertain the extent of your damages, and initiate a civil action against the landlord should you wish to pursue this matter. This information is intended to be used as information only, and is not intended to be construed or interpreted as legal advice.