Question: I am being evicted due to non-payment of rent, when I asked our landlord if she would use our security deposit towards rent owed, she stated that is not allowed under AZ law. However, in the AZ Landlord and Tenant Act it states that Security deposits may be used towards the payment of all rent. Which is correct?
Answer: Under Arizona Revised Statute A.R.S. § 33-1321 of the Landlord and Tenant Act , a security deposit may only be applied to unpaid rent after termination of the rental agreement. The Arizona Landlord and Tenant Act does not require a landlord to apply a security deposit to unpaid rent in lieu of eviction. So, your landlord can evict you for non-payment of rent even though she has your security deposit.
October 23, 2006
Legal Services Corporation