Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I put a deposit down on an apartment along with an application fee. I was told I was not able to rent the apt. after they ran my application but will not return my security deposit. Can they legally keep my deposit? I understand them charging me the $40.00 for the application fee, but can they keep the $225.00 holding deposit?

Answer:

The following is provided for general information only. To find out how the law applies to a specific situation, contact an attorney directly. The answer to this question depends on how the fee was designated in any documents that you signed. A.R.S 33-1321 B states that "the purpose of all deposits shall be stated in writing." That provision also states that a fee or deposit that is not identified as non refundable it is considered refundable. Under section E of the law, failure to refund the deposit is subject to a penaty of twice the amount of the deposit.

Comments:

QUESTIONS

  • I put a deposit down on an apartment along with an application fee. I was told I was not able to rent the apt. after they ran my application but will not return my security deposit. Can they legally keep my deposit? I understand them charging me the $40.00 for the application fee, but can they keep the $225.00 holding deposit?

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