Legal Question in Landlord & Tenant Law in Arizona

Re: lease and deposit return

Carl should document all his actions and phone calls with a confirming letter to the landlord including attempts & offers to help clean up the rental unit.

Closely review the original lease & if you can get a copy of any lease signed by the tenant that assumed the lease. There may be a section section in the lease specifically on the security deposit. Then review A.R.S. section 33-1321. Go to http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp, scroll down to Title 33 Property, then scroll down to Chapter 10 Arizona Residential Landlord Tenant Act to find the specific section. If the landlord has not followed the statutory requirements, you can send a letter-return receipt requested, requesting the immediate return of the full deposit.

If the informal process doesn�t work, you can file in the Justice Court where the rental property is located. Be prepared to pay a filing fee up front, but you can request the landlord eventually pay your costs. I am not aware of a specific sample form available online, but you can follow the suggested format for your �Motion To Return Security Deposit� by looking at sample documents. Go to http://www.supreme.state.az.us/nav2/selfserv.htm and from there you can access the Maricopa County Self Service Center and the Coconino County sites for sample forms. Be sure to ask for �fees & costs to be paid by the landlord� somewhere in your motion. After you file your Motion with the court, you�ll have to get the landlord served, another fee. The local court should be able to direct you to a private process server or the Sheriff�s Department.

BE SURE TO APPEAR FOR ALL COURT DATES, show up 30 minutes early and bring all your documents AND WITNESSES with you. You can also check out AZLawHelp.org.