[AZ] [AZ] What do I do if I haven’t received my security deposit back within the mandated period?
Hello. I am in the state of Arizona and have not received my security deposit within 14 days.
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Under Arizona law, if a landlord fails to return the security deposit within 14 business days after termination of the tenancy and receipt of the tenant's mailing address, the tenant may be entitled to recover damages (A.R.S. § 33-1321). This can include the amount of the deposit wrongfully withheld and possibly additional damages up to twice the amount if the withholding was done in bad faith.
Demanding Double the Amount
In your demand letter, you can indeed request double the amount of your security deposit. This is based on Arizona law, which allows tenants to seek additional damages if the landlord fails to return the deposit within the specified timeframe without a valid reason (Arizona Revised Statutes § 33-1321(E)).
Obligation to Pay
While you can demand double the amount, the landlord is not automatically obligated to pay it just because you requested it. The demand serves as a formal notice of your intent to pursue further action if they do not comply.
If They Don’t Comply
- Negotiate: You might try to negotiate a settlement with the landlord directly, possibly through mediation.
- Small Claims Court: You can file a claim in small claims court to recover the deposit and any additional damages. In Arizona, small claims court handles disputes up to $3,500, which should cover most security deposit issues.
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Hello. I am in the state of Arizona and have not received my security deposit within 14 days.
Lexi, Chatbot
I'm sorry to hear about the issue with your security deposit. Have you tried reaching out to your landlord about this matter?
I am creating a demand letter.
Lexi, Chatbot
Can you confirm if you provided your landlord with a forwarding address for the return of the security deposit?
Yes, I did.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
That’s all. Is there a fee for chatting with the lawyer?
Richard
Hello. My name is Richard, and I’ve been a licensed attorney for over 25 years.
Hello. I am in the state of Arizona and have not received my security deposit from the property management company. It's been more than 14 business days.
Richard
I see. Have you had any communication with the property management company about the delay? Have they provided any reason for not returning your deposit yet?
No communication at all. I know I am to send a demand letter now. My question is, does my demand letter request double the amount per the Arizona statute?
Richard
Under Arizona law, if a landlord fails to return the security deposit within 14 business days after termination of the tenancy and receipt of the tenant's mailing address, the tenant may be entitled to recover damages (A.R.S. § 33-1321). This can include the amount of the deposit wrongfully withheld and possibly additional damages up to twice the amount if the withholding was done in bad faith.
Demanding Double the Amount
In your demand letter, you can indeed request double the amount of your security deposit. This is based on Arizona law, which allows tenants to seek additional damages if the landlord fails to return the deposit within the specified timeframe without a valid reason (Arizona Revised Statutes § 33-1321(E)).
Obligation to Pay
While you can demand double the amount, the landlord is not automatically obligated to pay it just because you requested it. The demand serves as a formal notice of your intent to pursue further action if they do not comply.
If They Don’t Comply
- Negotiate: You might try to negotiate a settlement with the landlord directly, possibly through mediation.
- Small Claims Court: You can file a claim in small claims court to recover the deposit and any additional damages. In Arizona, small claims court handles disputes up to $3,500, which should cover most security deposit issues.
Okay, my security deposit was $2,400. I will send a demand letter demanding double. Which Arizona statute should I list on the letter?
Richard
In your demand letter, you should reference Arizona Revised Statutes § 33-1321. This statute outlines the requirements for the return of security deposits and the potential penalties for landlords who fail to comply. I hope this helps! If you have more questions or need further assistance, feel free to ask.
Got it, thank you!
Richard
No problem.
Richard
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