Can landlord send an itemization of cleaning and damages that he took taken from security deposit 23 days after a satisfactory walk-through?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can landlord send an itemization of cleaning and damages that he took taken from security deposit 23 days after a satisfactory walk-through?
Landlord kept almost all of security deposit which was $425 included $125 cleaning fee. Upon walk-through with lord said everything looks fine. 2 weeks later contacted about deposit and then said it smells of smoke. After 23 days I received $40 and itemization of air,furniture,carpeting cleaning,charge for missing welcome mat (no idea), new comforter, and shopping fee. I smoked 1 time in bathroom and lord just happened to stop by unannounced to smell on me at door. Prior 4 days to move out was at door, didn’t open but could here landlord telling wife they to keep deposit for smoke.
Asked on September 19, 2011 under Real Estate Law, Arizona
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Here is the law in Arizona:
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, by regular mail, to the tenant's last known place of residence.
Now, the landlord still has to prove that the items they say were damaged were damaged and if they fail to do that you are entitled to damages under the law as well. You need to take them to small claims court. Do you have a signed walk exit walk-through? That would ave been helpful. I am going to give you a link to the entire law. Good luck to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.