Can alandlord charge you for items after his realtor did a walk-through with you and said the house was in excellent condition?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can alandlord charge you for items after his realtor did a walk-through with you and said the house was in excellent condition?

We had a walk out inspection by our landlords realtor. At which time they said the house was in excellent condition and we would receive our deposit back in 14 days as statelaw requires . And they listed the house for rent in excellent condition. Our landlord on the other hand decided to wait exactly a month from move out before returning our deposit. He had decided to sell the house instead of rent it out again. He charged us for changing out all the hardware, pressure washing and sealing the garage because of tire marks and for painting the inside of the house which came to a total of $900 of our $1000 security deposit. Can he do this? We did what we where told to do and had the carpets professionally cleaned. He said the house was not as it was when he bought the house prior to us moving in. We left the house spotless. His realtor even stated that it was in excellent condition.

Asked on July 1, 2012 under Real Estate Law, Arizona

Answers:

Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

You are correct that the landlord has 14 days under state law to refund the deposit or provide an itemized list of all deductions, but that is 14 days after "demand by the tenant."  Did you make a demand for your security deposit to be refunded?  If not, you should do so as soon as possible.  Two weeks later, you appear to have a pretty good case for the refund of your $900.  Plus under the Arizona Residential Landlord and Tenant Act, you are actually entitled to twice that (see ARS 33-1321.E).  I would make sure, in writing, that your landlord is aware of that law.  Then, if he does not cough up the $900, you can sue him in small claims court for the $1,800.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption