DisputeKit / Arizona
How long does a Arizona landlord have to return a security deposit?
14 business days. Under Arizona Revised Statutes § 33-1321, a landlord must provide an itemized list of all deductions together with any amount due to the tenant within 14 business days. The clock starts when you move out and hand back possession of the unit. A court may also award the money due to the tenant plus damages equal to twice the amount wrongfully withheld, if the landlord does not provide the itemized list and refund as required.
I moved out of my place in on and my landlord still has my $ deposit.
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Conditions that change the deadline
- The 14 business days run from the later of the end of the tenancy, the tenant handing back possession, and the tenant's demand for the deposit; the tenant should demand the deposit in writing.
- Unless the tenant arranges otherwise in writing, the landlord mails the list and any refund by first class mail to the tenant's last known place of residence, so the tenant should give a forwarding address.
What Arizona law says about deductions and your rights
- Business days exclude weekends; public holidays may add extra days.
- Important: if the tenant does not dispute the landlord's itemized list within 60 days after it is mailed, the amounts on the list become final and further claims are waived.
- The landlord may deduct unpaid rent, charges listed in the signed lease, and damage caused by the tenant's failure to meet tenant duties.
- Security deposits (including prepaid rent) may not exceed one and one-half month's rent, and any fee or deposit not stated in writing to be nonrefundable is refundable.
- The tenant has a right to be told in writing at move-in that they may attend the move-out inspection.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Arizona is $5,000 in the small claims division of the justice court, not counting interest and costs, and the filing fee is About $30 to file in most justice courts (a $25 statutory fee plus local surcharges), plus a fee for service.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 14 business days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Arizona?
The clock starts when you move out and hand back possession of the unit.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Arizona law allows a court to award the money due to the tenant plus damages equal to twice the amount wrongfully withheld, if the landlord does not provide the itemized list and refund as required. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Arizona is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.