Can I apply my security deposit to April's rent in Arizona?

Full question:

I reside in Sedona Arizona. I am not going to renew my lease which terminates May 1, 2007. Can I use my $500 security deposit that I gave to my landlord in May of 2006 and apply it to my April's rent? Does this Arizona statue appy to me? A.R.S. 33-1321

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: Arizona

Answer:

You cannot use your security deposit to cover your last month's rent without the landlord's agreement. According to Arizona law, specifically A.R.S. 33-1321, a landlord can deduct from the security deposit for unpaid rent or other charges, but you cannot unilaterally apply the deposit to your rent. If you do not pay the rent and the deposit does not cover the charges, you may still owe the landlord money.

It’s best to discuss this directly with your landlord if you wish to use the deposit for rent. After you terminate your tenancy, the landlord must provide an itemized list of any deductions from your security deposit within fourteen days. If they fail to do so, you may be entitled to recover double the amount wrongfully withheld.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Arizona, security deposits are governed by A.R.S. 33-1321. Landlords can collect a security deposit, which cannot exceed one and a half times the monthly rent. The deposit can be used to cover unpaid rent or damages beyond normal wear and tear. Upon termination of the lease, landlords must return the deposit within 14 days, providing an itemized list of any deductions. If they fail to do so, tenants may be entitled to recover double the amount wrongfully withheld.