Legal Question in Landlord & Tenant Law in Arizona

Can landlords legally request first and last month rents plus a security deposit?


Asked on 9/23/09, 3:42 pm

2 Answers from Attorneys

Dustin Vidrine Wade & Vidrine, PLC

Yes

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Answered on 9/28/09, 9:36 pm
Jeanne Whitney Whitney Law Office

There are restrictions on the total amount of funds (whether called a security deposit or advanced rent) that a landlord can demand. Under ARS 33-1321 a landlord "shall not demand or received security ... in an amount or value in excess of one and one-half month's rent." ARS 33-1310(14) defines "security" to include money or property given to assure payment or performance under a rental agreement, so last month's rent would be included in this definition. However a tenant can voluntarily agree to pay more money in advance. There are other limitations and requirements about security deposits that you can review by going to http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp then check Chapter 33 for the specific sections under the Arizona Residential Landlord Tenant Act.

I practice in Cochise County, so I would not be able to represent you. Maybe you want to find another place to live, if there are questions or potential problems at the start of your rental period.

Good Luck,

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Answered on 9/30/09, 12:42 pm


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