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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Can a landlord require a tenant to pay $59 for a Technology Package (basic Cable and Wi-Fi) from Cox as a condition of Lease Renewal if tenant doesn't want it or have a TV or Computer/WiFi capable phone.
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My roof is caving in,in the kitchen. I have a lease for a year. Can the landlord decide the damage is to severe and just kick us out
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I recently had to move since my landlord sold the home we were renting. I have asked for my deposit to be returned. He simply ignores my letters. How can I force him to return the deposit?
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I need to terminate a year lease because I lost my job and cannot afford to pay rent. Also my Mom had signed a paper saying she would help me with rent which she can no longer do.
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I've had a leak in the wall in my kitchen from the unit above me, I submitted a maintenance request, the maintenance department falsely closed out the request without taking care of the issue and said there was no signs of leakage. I informed property management of the issue, they got a maintenance man to come to my unit and upon first sight he noticed that it was a major problem and stated that he would come back on Monday 01/06/2020 when his supervisor was on duty and has not returned. The leak has been going on for months. I'm sure that there may be mildew by now. What are my rights?
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So my fiance and I have been living in a duplex for 5 months, our landlord goes to.Florida for the winter. Her son is around and every month even when she was here they start calling the day before rent is due and if you ate busy and can't answer they show up on my door step. We live check to check so we pay on Friday our pay day, at the most we have had to pay 4 days past the first. Rent is due today the 1st New Years day (holiday )and they were calling and pounding on our door all day yesterday and started today at 8am. What do I do, is this all legal?? Please help!!
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My daughter and her family have been living with us for 4-1/2 year. They recently moved out but left a lot of belongings behind. What am I legally able to do with said belongings?
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My landlord intends to sell the home I currently rent. We had agreed via text message that we would enter into a years lease but a formal lease was never signed. Are text messages considered a legal binding agreement?
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My son just rented an apartment in a nice complex. He was supposed to move in on a Monday, when roaches were found in the apartment. They sprayed right before he was to move in, but today, four days later, there are baby roaches everywhere. They are supposed to fumigate the complex on Friday, but he's concerned. Can he break the lease if the fumigation fails to get rid of the roaches? He's put out ranch traps all week, and the baby roaches are multiplying.
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If I'm on SS/Disability and don't get paid until the 3rd of every month can my apartment manager charge me a late fee for paying rent on the third not the first of the month? I had been told by the previous manager that it's illegal for him to do so. Now the new/current manager says that he (previous Mgr) was wrong, misinformed. I need to get a straight answer. Not the he said, she said that happening. Thank you for your help
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