How long do I have to wait before I can get a refund of the security deposit from my landlord?
Full Question:
I live in a rented house in Phoenix, Arizona. I have about a month left for the lease to expire. I pay a bi-weekly rent of $750. When I took this place up for rent, I had given him $2250 as the security deposit. I am moving from Arizona to New York and I need the security deposit refunded to me as soon as possible. I have been very careful in using the rented house and am leaving it intact, just as it was at the beginning of the lease. How long do I have to wait before I can get a refund of the deposit from my landlord?
12/13/2016 |
Category: Landlord Ten... ยป Security Dep... |
State: Arizona |
#28017
Answer:
It specifically provides that the security deposit, on the expiry of the lease, shall be refunded by the landlord after making itemized deduction, if any, within 14 days. The statute also provides for instances where the landlord does not make refund within 14 days, in which case the tenant shall be entitled to receive double the amount of security deposit. A.R.S. § 33-1321 with regards to this aspect reads:
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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 the itemized list and any amount due, by first class mail, to the tenant's last known place of residence.
E. 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.
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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 the itemized list and any amount due, by first class mail, to the tenant's last known place of residence.
E. 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.
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