questions & answers

Question: My mother rented a place on a month to month basis, signed a lease, paid a $600 deposit, and was asked to give a 30 day notice when she planned to move out. She moved in 11/1/2017. On 11/14 she went to the ER and was admitted to the hospital because we found out she had a spinal cord tumor. On 11/20 she transferred to inpatient Hospice and died there on 11/22. Her things were moved out and the place was immaculately cleaned on 11/26. Her landlady knew she wouldn't be returning as early as 11/18. Is she obligated to return the full $600 deposit even though a 30 day notice wasn't given?

Answer: It is impossible to provide an accurate answer to your question in this specific situation without knowing many more details, including what exactly the rental agreement said the deposit was for, how the 30-day notice requirement was worded, and whether or not the landlord attempted in good faith to find a new tenant for 12/01. This latter issue is important because under the Arizona Residential Landlord and Tenant Act the “aggrieved party” (in this case, the landlord, who would claim a right to keep the tenant’s deposit) “has a duty to mitigate damages” (A.R.S. 33-1305(A)). If you would like to discuss this specific situation with an attorney, there are links to free or low-cost legal assistance on this website and the LegalLEARN Helpline toll-free telephone number is 1-866-637-5341.