questions & answers

Question: My 85 year old mother passed away suddenly on May 25. 2013. She had a lease and a security deposit of $200.00. The apartment complex has suddenly (after 3 months of attempting to get it returned after perfect walk through results) decided that I am not able to get any security deposit. Also, refuse to return my extra monies paid to stay for 14 days to remove my mother's items. I was assured that all of the money would be returned to me but now that they have a new owner, they state that they will not return any of the money that they agreed to return to me. AZ law states that they were to notify me within 14 days if any problems with refund with her security deposit or they have to pay double the amount back. Is this applicable in this case? I have continuously attempted to contact them regarding this issue and I finally got a bunch of passing the blame answers and this is three months late.

Answer:

The Arizona Residential Landlord And Tenant Act (A.R.S. Title 33, Chapter 10 ) addresses the issue of Security Deposits.

Section 33-1321 “Security Deposits” requires the Landlord to refund the Security Deposit or itemize withholdings within 14 days.  If the landlord fails to do so, double the security deposit must be paid.  If they have not done so, you can utilize your local Small Claims Court.  However, be sure to follow their requirements for attempting to resolve this and for proving you did so.  The court clerk’s office should provide you with instructions. 

The ARLTA provision is as follows”

D. Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of all rent, and subject to a landlord's duty to mitigate, all charges as specified in the signed lease agreement, or as provided in this chapter, including the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with section 33-1341.

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.

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.