questions & answers

Question: My lease ended on a Sunday. I contacted landlord on Monday to set up walk-through. I was told I needed to return the keys prior to scheduling a walk-though. I returned the keys on Tues. Now Landlord is charging me 2 days additional rent for not returning the keys. Is he allowed to do this?

Answer: According to the Arizona Residential Landlord and Tenant Act (http://www.azhousing.gov/azcms/uploads/PUBLICATIONS/Landlord%20Tenant%20Act%20-12-31-12.pdf) if a tenant remains in possession or does not deliver possession to the landlord without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession, which means that they may commence a lawsuit against the tenant in order to regain possession of the property. In addition, if the tenant’s “holdover” or continued stay in the premises is considered willful and not in good faith, the landlord may recover an amount not equal to not more than two months’ periodic rent or twice the actual damages sustained by the landlord whichever is greater. "Delivery of possession" means returning dwelling unit keys to the landlord and vacating the premises.