Can landlord send an itemization of cleaning and damages that he took taken from security deposit 23 days after a satisfactory walk-through?

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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 10 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.


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