questions & answers

Question: I moved out of an apt without having a walk through but I took several pictures. Two weeks later I received a letter stating they were keeping my pet deposit and that I owed them an additional amount of money. I disagree with some of the charges they have. How can I dispute this and what is my time limit? They have given me 30 days to pay before sending to collections. Also, can the landlord charge for painting the interior? I even filled in any holes made from hanging pictures. Don't they have to paint anyway?

Answer:

The lease agreement is a contract that gives the rights and obligations of a tenant and/or a landlord. This should be the first thing to check to see if the landlord is acting within his or her rights. The lease agreement might also have a clause that covers how and when to object to any actions taken by the landlord. All of the clauses in the contract must be legal. A.R.S. 33-1314.

A tenant shall not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so. A.R.S. 33-1341.6. The landlord may recover all reasonable damages, resulting from noncompliance by the tenant with the rental agreement or section 33-1341 or occupancy of the dwelling unit, court costs, reasonable attorney fees and all quantifiable damage caused by the tenant to the premises. A.R.S. 33-1368.C.

Arizona Revised Statute 33-1324 covers what obligations a landlord has when it comes to the upkeep of the property. A lot of obligations can be assigned to the tenant in the lease agreement and if it is done in good faith.

It may be best to speak to an attorney so review the specifics of the lease agreement. The AZ Law Help website has a list of entities that provide low cost or free legal assistance.