Landlord and Tenant Rights and Responsibilities Article
Small Claims Court Process
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.
Udated 5/2006
Attached Document
Small Claims Court Process
Comments:
On 6/14/07
Amanda said
My landlord claims they never got last months rent and gave me a notice of 5 days to vacate. it is not from the court just has their name on it. Is this legal??
On 11/30/06
Lisa said
I have sent a certified letter to my past landlord....what do I do if they dont reply within the 10 day period?
On 10/6/06
todd said
my landlord provided me with an itemized list, which i disputed. i sent my dispute letter certified mail and it's been over 30 days now, and i still havent heard back from them.
On 8/7/06
S said
We have a dispute over the disposition of the deposit. The landlord has not responded in the last 30 days. Can I go for 2x the amount on this too? If so, it is over $2500.00 - so I need an attorney?
QUESTIONS
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What is the process for evicting a tenant for Health & Safety Reasons (bed Bugs) I sent notice to terminate lease agreement already.
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I have been receiving a bill from my leasing facility for rent. I signed a renewal in September. I pay the amount stated and I have my receipts. I have just received, at the end of the month, a bill from the leasing office stating I am underpaid. Am I obligated to pay the underpayment due to their mistake?
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I am renting (with 3 months left on my lease) but am in the process of purchasing a home. I have requested to vacate the rental property early but will pay all remaining rent. Question: can the landlord legally require me to maintain the rental property (thru the lease date) even after I’ve paid all rent and vacated the property?
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I am a landlord and my tenant(s) failed to pay their water bill in time. The water company should have shut off their water once the bill was overdue by 30 days but because the tenant(s) had children they decided to leave the water on for an extended period. The tenants moved out and never paid the bill and now the water company claims that I have to pay the bill because I am the landowner. I live in Mayer, Arizona and I question the legality
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I live in a place that was built in the 60s and the plumbing is still the old school piping (not plastic) but our toilet is brand new. My sister put a baby wipe down the toilet and it plugged up the piping. The plumber came out and said normally a wipe is fine to flush but because the piping is ancient you can't. So it cost $200 to fix the problem and our landlord handed us the bill. Is this right? Shouldn't they be paying for this?
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On August 13, 2017 I awoke to find my Apt flooded due to a toilet line leak. It was under water for approx 6 hours. The Manager arranged for draining/cleaning but did not replace the floor (vinyl) or carpet. Just "dried" it. Claims no mold but odor lingers. My question is, it was unlovable for 5 days and no refrigerator for past 7+ days. Requested rent adjustment, but was told "it was your own risk.....can't predict when a flood occurs". Can they refuse to adjust the rent? Will I lose my deposit?
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There have been issues with the water here at my apartments and due to this we have been having water leak from our fridge and rise up the toilet tub and sinks. The apartments have come out to "clear the pipes" a number of times but there is now water damage to the floor in the kitchen and when they came tp fix the floor they just reglued the fake wood down. What sjould we do?? I have renters insurance but i dont think i should have to pay for their pipes.
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what is a sufficient temperature for heating in an apartment rental?
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My question is if someone who has bedbugs dies can the landlord keep their deposit
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I was on a lease with 4 other people and to move out these other tenants had to release me from the lease. After being released the property manager is saying that I was never released now they are sticking me with an $1100 bill. I only have contact with 1the former roommate but he vouches that he signed me off the lease. What can I do to avoid this bill?
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