Question by Chipilona: Arizona landlord/tenant security deposit question?
Upon move-out from an apt we lived in for 11 years, , I was sent a piece of paper that had the title “ledger” at the top. One charge was “4 gallons kiltz (kilz actually) primer to cover smoke damage”. Other charges were also listed; labor, wall washing solution, etc. I contacted the management company for the apartments, disputing the charge for the “4 gallons of primer” , which they had at $ 344.80, and I disputed the additional 8 hrs of labor. Note: one of two bedrooms did have smoke damaged walls and there was minor discoloring on other walls in the apt.
My husband is disabled and his “normal life” was lying in bed for 8 of those years, and he was a smoker. I asked the management company for the apts for an itemized accounting of how they arrived at the 344.80, when Lowes had Kilz primer for less than $ 20 a gallon.
Finally I got an email that said ” 4 – 5 gallon containers Kilz primer”. First- the “ledger” was not an “itemized accounting”, Second- the 4 gallons is now 20.
Do I have a case for double the rent because I was not given an itemized accounting within the 14 days of move-out?
correction on the last sentence- double the security deposit. Their accounting has us OWING them over 200.00 more. My accounting has them owing us 57.20 (wow!)

Best answer:

Answer by mike
Ughhhhh. Civil law always sucks. Damn you for forcing me to look this up!!! (Just kidding).

All right. This will be a long complicated answer. Here are your duties to the landlord. (Go to the link below and click on this statute).

33-1341. Tenant to maintain dwelling unit

If you did all of these things, and they are pretty basic, then you are not liable for any expenses upon moving out.

As for getting double the rent back that is incorrect;

(also at the link below)
33-1321. Security deposits
D. Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of all rent, and subject to a landlord’s duty to mitigate, all charges as specified in the signed lease agreement, or as provided in this chapter, including the amount of damages which the landlord has suffered by reason of the tenant’s noncompliance with section 33-1341. Within fourteen days, excluding Saturdays, Sundays or other legal holidays, after termination of the tenancy and delivery of possession and demand by the tenant the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant, if any. Unless other arrangements are made in writing by the tenant, the landlord shall mail, by regular mail, to the tenant’s last known place of residence.

So, if your estimate shows that you were owed $ 57, then you would get $ 104.

As always. Do everything in writing and save copies. Tell them you are taking them to small claims court because there was only normal wear and tear on the apartment and you want all of your security deposit back. At DOUBLE because they did not provide an itemized deduction. Then settle for your security deposit back and move on.

I hope that helps. You can contact me if you have questions.

What do you think? Answer below!

Categories: Prepaid Legal Q & A

Leave a Reply