What do you do if your landlord does not meet his or her obligations, or you disagree with the landlord's list of damages?
If your landlord does not provide you with an itemization of the charges against your security deposit within fourteen days, refuses to allow a move-out inspection where you may be present, or you disagree with the list of damages that the landlord claims you owe, you may FILE A CLAIM IN SMALL CLAIMS COURT.
In order to file a claim in small claims court, you must go to the Justice Court in the area in which your former apartment complex is located and obtain the proper forms from the clerk. The courts do charge a filing fee for bringing an action in small claims court, but this fee can be deferred if you can demonstrate that you lack the resources to pay the fee. Anyone who is eligible for Community Legal Services' assistance should be eligible for the fee deferral in small claims court. Ask the clerk for the fee deferral forms, and fill them out and return them to the court. The clerk should be able to explain the procedure for filing a claim in small claims court, and answer your questions concerning the paperwork required. A hearing will then be set where both sides will appear before the judge and tell their story.
What do you say at the hearing in small claims court, and what do you need to bring with you?
If your landlord failed to return your security deposit, and did not provide you with an itemization of any damages or other amounts owed:
If your landlord failed to return your security deposit, and did not provide you with an itemization of damages or other amounts owed, you are entitled to the return of your security deposit, PLUS twice the amount of your security deposit as damages. A.R.S. §33-1321(E). For example, assume your security deposit was $200, you would be entitled to your $200 security deposit back, plus $400 (which is 2 x $200, the amount of the security deposit). Therefore, the Court should enter judgment in your favor for $600.00.
When you go to court, tell the judge:
1. How much you paid as a security deposit. (Bring your lease or any receipts you may have to prove this.)
2. That you requested an itemization of the damages and other charges to be deducted from the security deposit. Bring a copy of the letter you mailed requesting the itemization. A sample letter "Request for Return of Security Deposit" is available in this article.
3. That your landlord never provided you with such an itemization, as required by Arizona law. (A.R.S. §33-1321(D))
4. That Arizona law provides that you may recover your security deposit, plus damages in an amount equal to twice your security deposit. The Arizona statute that provides for these damages is A.R.S. §33-1321 (included in this article). In addition, in its decision in Schaefer v. Murphey, included in this article, the Arizona Supreme Court interpreted this statute to allow the tenant to recover twice the amount of her security deposit as damages for the landlord's failure to supply her with an itemized statement of damages -- even though the tenant owed the landlord more than the amount of her security deposit for unpaid rent. A copy of this case is also included in this article. Be sure to show the judge both a copy of the statute, and a copy of the Murphey case.
If your landlord did not allow you to be present at a move-out inspection after your request that you be informed of when the move-out inspection would occur, and your landlord failed to return part or all of your security deposit:
When you go to court, tell the judge:
1. How much you paid as a security deposit. (Bring your lease to prove this.)
2. That you requested that your landlord conduct a move-out inspection, and that you be permitted to be present for the inspection. (Bring a copy of the letter you mailed requesting the inspection.)
3. That your landlord never responded to your request for a move-out inspection, as required by A.R.S. §33-1321(C).
4. That as a result, you have no way of defending yourself against your landlord's allegations of damages, and therefore, fairness dictates that your landlord should have to return your security deposit.
If you disagree with the charges that your landlord deducted from your security deposit:
If you disagree with the charges that your landlord deducted from your security deposit, you may sue your landlord in small claims court for the return of all or part of your security deposit. Your landlord will then have to prove that you are legally responsible for each of the charges identified. To counter your landlord's evidence, it would be helpful, if possible, for you to bring pictures of your apartment from before you moved out showing that the apartment was left in good condition, and witnesses who have been to your apartment and can tell the judge about its condition based upon personal experience.
Small Claims Court Process