questions & answers

Question: I was unable to complete a walk through at the time my lease ended, due to my partner being hospitalized and my work schedule. We were never provided with a list of damages or costs until being contacted by collections. I did provide my forwarding address and phone number but no contact was made. I saw they are supposed to provide the documentation within 14 days. I do not believe we had a security deposit, but if we never were provided documentation in a timely manner, are we able to contest collection fees and accrued interest?

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), a landlord has, as you note, 14 business days from the date on which a tenant moves out to provide that tenant with an itemized list of all the charges (if any) that the landlord intends to deduct from the security deposit as well as the balance of the security deposit itself (A.R.S. §33-1321(D)). As a general rule, a landlord may not direct matters involving a current or former tenant to a collections agency without first contacting the tenant. This may indeed be a ground on which to contest both the fees and the interest, but such things are always decided on a case-by-case basis. A former tenant may wish to send the former landlord a letter asking for an explanation as to why they were not provided with a list of alleged damages (beyond ordinary wear and tear) and stating their intention to pursue their own rights in the matter.