When does my landlord have to give me my security deposit back by?

The short answer: usually 14 days from moveout.

A former client, Sarah (name and other details have been changed), called me in a panic a few weeks after moving out of her Phoenix apartment. "It's been three weeks," she said, "and I haven't seen a dime of my $1,500 security deposit. I left the place spotless! My old landlord won't even answer my emails. Do I just have to write that money off?" Sarah was frustrated and felt powerless, a feeling many tenants experience. Luckily, I was able to give her some good news: Arizona law is very clear about this, and the clock was already ticking in her favor.

One of the most common questions tenants have at the end of a lease is about the return of their security deposit. It’s your money, and waiting to get it back can be stressful. In Arizona, the process isn't left up to a landlord's discretion. It's governed by specific state law, primarily the Arizona Residential Landlord and Tenant Act.

If you're a renter in Arizona, here's what you need to know about the timeline and rules for getting your deposit back.

The 14-Day Rule is Your Best Friend

The core of Arizona's security deposit law is a strict deadline for your landlord. The key statute to know is ARS § 33-1321. This law is designed to protect tenants from unreasonably long waits or unfair deductions.

The law states that a landlord must return your security deposit, along with a detailed list of any deductions, within a specific timeframe.

So, when does the clock start? It begins after you have:

1. Officially terminated the tenancy (your lease is over).
2. Returned possession of the property to the landlord (you've moved out and handed over the keys).
3. Made a demand for the deposit.

Once these three things have happened, the countdown begins.

What the Law Says

Arizona Revised Statute § 33-1321(D) is the most important section on this topic. It mandates:

"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 the itemized list and any amount due, by first class mail, to the tenant's last known place of residence."

Let's break that down:

• Fourteen Business Days: Your landlord has 14 days, not including weekends or holidays, to act.
• Itemized List of Deductions: If the landlord is keeping any portion of your deposit, they can't just say "for cleaning and damages." They should provide a written, itemized list explaining each specific deduction (e.g., "$75 for repainting the bedroom wall," "$150 to repair the broken cabinet door").
• First Class Mail: The check for the remaining deposit and the itemized list must be mailed to your last known address, which is why it's crucial to provide your landlord with a forwarding address in writing.

What if the Landlord Doesn't Comply?

This is where the law has real teeth. If your landlord fails to meet the 14-business-day deadline or doesn't provide the itemized list of deductions, the consequences are significant.

ARS § 33-1321(E) states:

"If the landlord fails to comply with subsection D of this section, the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld."

This means you could be entitled to sue for not just the portion of the deposit that was wrongfully kept, but damages equal to two times that amount. In Sarah’s case, if her landlord wrongfully withheld her entire $1,500 deposit, she could potentially recover the $1,500 plus an additional $3,000 in damages, for a total of $4,500. This provision gives tenants powerful leverage to ensure landlords follow the law.

Knowing your rights is the first and most important step in ensuring a smooth and fair end to your tenancy. If you find yourself in a situation like Sarah's, remember the 14-day rule and the specific obligations your landlord has under Arizona law.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Landlord-tenant laws can be complex, and this information may not cover all aspects of your specific situation. You should consult with a qualified attorney for advice regarding your individual circumstances.

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