Arizona Real Estate Law

by Christopher A. Combs

The following is for informational purposes only and is not intended as definitive legal or tax advice. You should not act upon this information without seeking independent legal counsel. If you desire legal, tax or other professional advice, please contact your attorney, tax advisor or other professional consultant.

Security Deposit Should Be Returned if No Breach of Lease

Question: My wife and I and our three children lived in an apartment in Surprise for two years. We had a security deposit of $750. When we moved out last month I did the move-out inspection with the property manager, and the property manager said that, except for wear and tear on the apartment (which was understandable with a family of five), the apartment was in good condition. After this move-out inspection I expected the return of our $750 security deposit. A week later, however, I was shocked when I received a letter from the property manager saying that we had forfeited the right to the $750 security deposit because the cost of cleaning the apartment was more than $750. Do we have a claim for this $750 security deposit?

Answer: Although a landlord can require a tenant at the time of the signing of the lease to pay a separate non-refundable reasonable charge (such as $150) for cleaning, a security deposit is not a cleaning deposit. A security deposit is refundable and is to ensure performance by the tenant of the terms and conditions of the lease. In other words, if there is a breach of the lease by the tenant, e.g., failure to pay rent or knocking holes in the wall, the security deposit is available to protect the landlord. "Reasonable wear and tear" is not a breach of the lease. Therefore, if there is nothing more than "reasonable wear and tear" damage to your apartment in Surprise, you should be entitled to recover the $750 security deposit by filing a claim in Small Claims Court.

Phoenix attorney Christopher A. Combs is a partner with the firm of Combs Law Group, P.C. Reprinted with permission. Copyright 2005, all rights reserved.

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