questions & answers

Question: I moved out of a rental home on 10/16/15 but was made to pay for the entire month of October. Did the 14 days for returning my deposit start on 10/16 or 10/31? Also, 14 days since both days has passed and I'd like to file a claim in Small Claims Court but I moved out of state. Are there options for out of state former tenants or must I travel back to Arizona? Thank you.

Answer: This is for informational purposes only, you may want to consult an attorney for advice.

Under A.R.S. 33-1321:

Security deposits

D. Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of all rent, and subject to a landlord's duty to mitigate, all charges as specified in the signed lease agreement, or as provided in this chapter, including the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with section 33-1341. Within fourteen days, excluding Saturdays, Sundays or other legal holidays, after termination of the tenancy and delivery of possession and demand by the tenant the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant, if any. Unless other arrangements are made in writing by the tenant, the landlord shall mail the itemized list and any amount due, by first class mail, to the tenant's last known place of residence.

E. If the landlord fails to comply with subsection D of this section the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld.

F. This section does not preclude the landlord or tenant from recovering other damages to which the landlord or tenant may be entitled under this chapter.

G. During the term of tenancy the landlord may use refundable security deposits or other refundable deposits in accordance with any applicable provisions of the property management agreement. At the end of tenancy, all refundable deposits shall be refunded to the tenant pursuant to this section.

So to answer your first question, the 14 days starts at the end of your tenancy. Your lease should say when your tenancy ends.


As to your second question:

Under A.R.S. 22-512. Parties; representation

A. Any natural person, corporation, partnership, association, marital community or other organization may commence or defend a small claims action, but no assignee or other person not a real party to the original transaction giving rise to the action may commence such an action except as a personal representative duly appointed pursuant to a proceeding as provided in title 14.

Most self-service forms for Small Claims can be found at this link: https://www.azcourts.gov/selfservicecenter/Self-Service-Forms#Civil