How Do I Sue to Get My Security Deposit Back in Arizona?

Full question:

I lived at a residence from 12/06 to 09/09 and the property manger did not return my security deposit. I had the carpet professionally cleaned and also cleaned the house from front to back and inside spotless. I was denied a move out inspection. The house was not painted even before I moved in the house, the ? was brought to the 1st manager if they were going to paint the house, the answer was no. Now with the new manager he charged me for painting the house. I did take pictures after i moved out but not before I moved in. So do I take both property mangers to court for my security deposit and punitive damages or can I call the 1st manager to remind her of the situation of the house of will this mess up my court chances since she still works there at this company. I also had another broker find me this house but I know his name but can't find where he is working at today. This broker is also knows the situation of the house. The company also refuses to give me a copy of my move in inspection.

• Category: Landlord Tenant
• Subcategory: Security Deposit
• Date: 04/07/2025
• State: Arizona

Answer:

Whether or not to contact the first manager is a matter of personal judgment as to the person's willingness to be of assistance. Such contact should not prevent the ability to bring a court action, as there is no legal prohibition for doing so before a lawsuit is filed. It may be necessary to request the move in inspection report in the discovery process of the lawsuit through a request for production. If you have a good faith belief that a party may be liable for your losses, that party may be named in a complaint as a defendant. However, it is possible that they may move to dismiss based on a lack of contractual relationship. An alternative may be to subpoena the former manager as a witness.

Upon move in a landlord must give the tenant with a signed copy of the lease, a move-in form for specifying any existing damages to the dwelling unit and written notification to the tenant that the tenant may be present at the move-out inspection. Upon request by the tenant, the landlord must notify the tenant when the landlord's move-out inspection will occur.

Please see the following AZ statute:

33-1321. Security deposits

A. A landlord shall not demand or receive security, however denominated,
including, but not limited to, prepaid rent in an amount or value in excess
of one and one-half month's rent. This subsection does not prohibit a
tenant from voluntarily paying more than one and one-half month's rent in
advance.

B. The purpose of all nonrefundable fees or deposits shall be stated in
writing by the landlord. Any fee or deposit not designated as nonrefundable
shall be refundable.

C. With respect to tenants who first occupy the premises or enter into a
new written rental agreement after January 1, 1996, upon move in a landlord
shall furnish the tenant with a signed copy of the lease, a move-in form
for specifying any existing damages to the dwelling unit and written
notification to the tenant that the tenant may be present at the move-out
inspection. Upon request by the tenant, the landlord shall notify the
tenant when the landlord's move-out inspection will occur. If the tenant is
being evicted for a material and irreparable breach and the landlord has
reasonable cause to fear violence or intimidation on the part of the
tenant, the landlord has no obligation to conduct a joint move-out
inspection with the tenant.

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.

F. This section does not preclude the landlord or tenant from recovering
other damages to which the landlord or tenant may be entitled under this
chapter.

G. During the term of tenancy the landlord may use refundable security
deposits or other refundable deposits in accordance with any applicable
provisions of the property management agreement. At the end of tenancy, all
refundable deposits shall be refunded to the tenant pursuant to this
section.

H. The holder of the landlord's interest in the premises at the time of
the termination of the tenancy is bound by this section.