Question: I never signed a lease when I moved in to my current home in Scottsdale. I did, however, give a 'last months' rent as a deposit. How much notice is required by law prior to move out, and am I able to recover the balance if I gave a notice on the 10th of the month, had already paid that month's rent in full, and would like to receive the full 'last month's rent deposit back?.
Answer:
There are two statutes that control this question. The first is A.R.S. § 33-1341 which states under section D. that "Unless the rental agreement fixes a definite term, the tenancy shall be week-to-week in case of a roomer who pays weekly rent, and in all other cases month-to-month. " Depending on how you are defined under the law and how long you have been renting, will determine what kind of notice you will need to give your landlord.
Whether or not you will be able to recieve your deposit will be determined by the landlord and how the premises looks when you leave. For more information on the reasons that a landlord can keep a deposit please see our article titled Arizona Residential Landlord and Tenant Act. and our article on Security Deposits.
May 13, 2008
Legal Services Corporation