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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how many people can live in a two bedroom property rental
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I need a paper stating I completed community service from the courts to be placed on my s/o lease and was wondering how I go about getting that paperwork? and I have to have it signed by someone as well.Where would I be able to get proof if the court is my only option for where to get it?
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there is a lady here. i let her stay to try to get on her feet.She pays no bills not even food, Now i want her gone & have given her a month notice. she wont leave. What can i do to get her out of my house ?
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We've been living with my boyfriends parents and we're paying rent every month. This month we paid rent, then 2 days later we were given the rent money back and told us we have 30 days to find somewhere else to go. Then 2 weeks later they decided to let us stay and are now asking for rent money again for this month. (and we are going into an apartment next month "July") Any advice on what to do would be great!
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We rent a house from our landlord. The house has a swamp cooler the connection from the swamp cooler to the water faucet broke. It caused my water bill to increase by $80. My landlord is telling me that it's my responsibility to know if something is broken and therefore I am responsible for the increase. I informed them immediately after I knew and shut the faucet off. The connection is something that needs to get replaced every year. Is my landlord right? Am I responsible for the water bill increase?
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can my landlord/property manager enter my gated back yard without proper notice. i have small children who play out in the backyard and feel that we should have our privacy when in our home but he just comes over when ever he feels like it. he does not enter the house just the yard in the lease it says that we as the tenants are responsible for maintenance in the front and back yard so there is really no reason for him to be there, he also sprays weed poison with out telling us is any of this legal.
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I recently received a letter in the mail from a collections company saying I owe an old apartment of mine money. It has now been 2 yrs and 4 months since I lived there. I completed the move out walk through with a manager and everything was fine. Also, I didn't need to get a security deposit back, because they consider my employer preferred (Didn't have to pay one). So now they want money for some type of damages. So what I want to know is how long does the apartment have to file this claim? Also, since everything was ok at move how do I go about tell the collections company?
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We rented our current residence in September 2018. The owner of the property said we did not have access to the front entry area closet and it is locked. There are also other large items that were in the house ( the largest is a China cabinet that we were told we could not damage and a few rather large wall paintings) Nothing was said during the lease negotiations nor is there anything stated in the lease agreement about these items. I want to use the closet and the other items are taking needed space. Technically I'm paying the landlord to store his stuff. What are my rights as a tenant?
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If a aparmentt manger enters your aparmentt without notice.and property is missing, what can I do about it legally?
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i have rented from a large realtor for 10 yrs same property my rent is due on the 4th of each month everyone elses due on the 1st at times i have aquired late fees im thinking this is office confusion because of the date can i ask for a print out of all payments to them to check legitiment late fees?
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