Can I Collect Damages Beyond Wear and Tear?

Q: What is the most a landlord can charge for a deposit?

In Arizona, there is no state limit on the amount a landlord can charge for a security deposit. However, it is common for landlords to request one to two months' rent as a deposit. Ensure that the deposit amount is reasonable and clearly stated in the lease agreement.

Q: What evidence is needed for a deposit dispute?

For a deposit dispute, you should provide evidence such as the lease agreement, move-in inspection report, photographs of the property before and after tenancy, and any repair bills. This documentation helps establish whether deductions for damages are justified and whether the landlord followed legal procedures.

Q: Does security deposit cover normal wear and tear?

No, a security deposit cannot be used to cover normal wear and tear. Landlords can only deduct for damages that exceed normal wear and tear, such as broken fixtures or significant stains. It's important to document the condition of the property to differentiate between normal wear and excessive damage.

Q: Are tenants responsible for property damage?

Yes, tenants are generally responsible for property damage that exceeds normal wear and tear. If a tenant causes damage, the landlord can deduct repair costs from the security deposit. Landlords must provide an itemized list of any deductions made from the deposit (A.R.S. § 33-1321(D)).

Full question:

My tenant broke their lease, and I kept their deposit. I have several things in the home that are damaged as well as things beyond normal wear and tear and normal clean up. Are these things I will be able to collect on and what are my chances of success with a lawsuit? The tenants have moved out of state.

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

Answer:

Your chances of success will depend in part on the evidence you have, such as move-in inspection report, repair bills, etc. and whether the former tenants have any assets/income to collect from. According to Arizona law, landlords must refund either all of the security deposit or the remainder of the security deposit after taking deductions within fourteen business days after termination of tenancy. If deductions are taken, the landlord must also provide a written itemized list. A.R.S. § 33-1321(D).

If the landlord fails to comply, then the tenant can receive damages in an amount equal to twice the amount wrongfully withheld. A.R.S. § 33-1321(E). Landlords must also give written notification that the tenant may be present during the move-out inspection that will be used to determine itemized deductions from the deposit. A.R.S. § 33-1321(C). However, the landlord does not have to meet this requirement if he or she is evicting the tenant for a material and irreparable breach and he or she has reasonable cause to fear violence or intimidation by the tenant. A.R.S. § 33-1321(C).

If damage has occurred to the unit during occupancy (beyond reasonable wear and tear), then the landlord should document those items in order to justify the deduction from the security deposit.

Any unresolved disputes over security deposits are brought to the small claims court.

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

Do you get security deposit back if you break your lease?

If you break your lease, you may not get your security deposit back. Landlords can keep the deposit to cover unpaid rent or damages beyond normal wear and tear. However, they must provide an itemized list of deductions within fourteen business days of the lease ending (A.R.S. § 33-1321(D)). If they fail to do so, you could be entitled to recover twice the amount wrongfully withheld (A.R.S. § 33-1321(E)).

How do you win a deposit dispute?

To win a deposit dispute, gather evidence such as the move-in inspection report, photos of the property, and repair bills. Document all damages and provide an itemized list of deductions if applicable. If the landlord fails to follow legal procedures regarding the security deposit, you may have a stronger case. Disputes can be resolved in small claims court if necessary.