questions & answers

Question: I recently moved out and the landlord never gave me my deposit back. I left the home in good condition the only thing he wrote on the disposition report that the carpet was dirty. Ever since we moved in we told him the carpet needed to be replace because it was worn out and you could see previous stains he never did anything about it. Now he wants to subtract that from the deposit which i think is unfair. What can I do?

Answer: In order to obtain their security deposit, a tenant must request its return from their former landlord in writing. The landlord then has 14 business days to return whatever deposit is owed plus an itemized list of deductions (if any) (A.R.S. 33-1321(D)). When a landlord claims that their former tenant caused damage to the dwelling that required repairs, it becomes a “he said, she said” situation. This is why it is important for tenants to conduct both their move-in walkthroughs and their move-out walkthroughs with the landlord and/or to take photos and/or video of the condition of the dwelling both as they move in and as they move out. What landlords cannot lawfully charge their tenants for repairing under any circumstance is any damage that predated the tenancy or “ordinary wear and tear.” Under the Arizona Residential Landlord and Tenant Act, a tenant must “exercise diligence to maintain the premises in as good condition as when he took possession, ordinary wear and tear excepted” (A.R.S. 33-321).