Question: I am breaking my lease, but landlord found new tenants to move in come rent due for next month. Can I request my security deposite back even tho I am breaking my lease?
Answer: A.R.S. § 33-1321(D) requires the landlord to inform the tenant in writing within 14 working days of the disposition of the security deposit. Unless the rental agreement declares the deposit to be nonrefundable the fact a person is "breaking the lease" does not automatically mean the deposit should not be returned. The landlord is entitled to retain the portion of a deposit neccesary to compensate for any actual damgages.
April 29, 2010