Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I've paid a security deposit of $300 for my apt. and have a receipt. The landlord is increasing the amount to $400 and says I owe another $100! I say no! You can charge new tenants whatever you want that's legal, but you can't increase my amount after the fact. Please let me know if I must pay the additional $100. Thank you.

Answer: The terms and conditions of a rental agreement between a landlord and a tenant generally govern what the landlord may and may not do (A.R.S. 33-1314). If an in-progress rental arrangement specifies a particular security deposit amount, and the tenant paid that amount as a condition of entering into the lease, then the landlord must wait until the agreement comes up for renewal in order to request an additional or higher amount. (However, if the final version of the lease has not yet been signed by both parties – which means that the rental agreement has not yet been executed – then the landlord may ask for more money because the tenant can always choose to say no and live elsewhere.)

QUESTIONS

  • I've paid a security deposit of $300 for my apt. and have a receipt. The landlord is increasing the amount to $400 and says I owe another $100! I say no! You can charge new tenants whatever you want that's legal, but you can't increase my amount after the fact. Please let me know if I must pay the additional $100. Thank you.

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  • State Bar of Arizona
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