questions & answers

Question: 2 weeks after our final walk through with our landlord confirming the condo was in perfect condition, the landlord contacted me and said that the day after the walk through, she sensed a smell of cigarette smoke in the condo and had to have some treatment done and had to hold new tenants back for 3 days and that she was going to withdraw these charges from our security deposit. Noone ever smoked in the condo located in Flagstaff with no A/C unit and windows were always open. There are wildfires in the area that we have no control of. This cannot be legal and I am willing to go to court!

Answer: As a general rule, once a landlord has conducted a move-out walkthrough and found no damage to the rented dwelling beyond ordinary wear and tear (for which tenants are not responsible under A.R.S. 33-321), and there is no other basis on which the landlord may deduct any money from the tenant’s deposit, the landlord should send the full amount of the deposit to the tenant within 14 business days after receiving a letter from the tenant requesting its return (A.R.S. 33-1321(D)). Before suing the landlord in court, it is often recommended that the tenant send the landlord a letter disputing the landlord’s deductions (including copies of any evidence the tenant may have to support the tenant’s arguments). If you would like legal advice regarding your specific situation, you should speak with an attorney.