Commentary

June 7, 2013

Law spells out tenant rights regarding security deposits

When entering and exiting a lease, it is important to know what rights are afforded to the tenant in Arizona, especially when it comes to security deposits.

According to the Arizona Residential Landlord and Tenant Act, a landlord cannot demand or receive a security deposit in excess of one and one-half months’ rent unless the tenant agrees to it.

Second, when a tenant moves in, the landlord must provide a signed copy of the lease, a move-in form listing any existing damage to the unit, and written notification that the tenant may be present at the move-out inspection.

Finally, when it’s time to move out, the landlord must provide the tenant within 14 days, excluding Saturdays, Sundays or other legal holidays, an itemized list of all deductions from the security deposit and any remaining amount, if any. If the landlord fails to comply the tenant may be entitled to recover the security deposit and damages in an amount equal to twice the amount wrongfully withheld.

For more information, consult the Arizona Residential Landlord and Tenant Act. If the rights of a tenant have been violated, contact the legal office at (623) 856-6901 to set up an appointment to speak with a legal assistance attorney.

 




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