Legal information generously provided by the Associated Students of the University of Arizona (ASUA)
EVERYTHING YOU NEED TO KNOW ABOUT SECURITY DEPOSITS
Most landlords require the payment of a security deposit when you rent an apartment . **The Arizona Residential Landlord/Tenant Act governs the payment and return of security deposits. Know your rights before you sign the lease!WEIGHT LOSS products - at least 20% OFF
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BEFORE YOU SIGN THE LEASE
Landlords usually ask for a security deposit at the time the lease is signed. You may be asked to pay the last month's rent, as well. Regardless of what it is called in the lease or rental agreement, any sum you pay the landlord to hold as security for damages to the premises or unpaid rent is considered "security." Here are some important facts to know about these charges:
•1. The total amount of such charges cannot be more than one and one-half month's rent.
EXAMPLE: Monthly rent is $350. The lease calls for a $175 security deposit, and last month's rent of $350. The total security charged is $525. Since this equals one and one-half month's rent, it is therefore an acceptable amount under the law.
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•2. Cleaning and redecorating charges are not considered part of the security deposit. However, if those charges are to be nonrefundable, that fact must be stated in writing by the landlord. If it isn't in writing, these charges cannot automatically be withheld when you move out.EXAMPLE: Your lease specifies a security deposit and a cleaning deposit. However, the lease does not say that the cleaning deposit is "nonrefundable." When you move out, you clean the place thoroughly, but the landlord does not return the cleaning deposit. In order to legally withhold the cleaning deposit in this situation, the landlord must treat it as any other security deposit and give you a written, itemized statement of the amount spent for cleaning your former residence. (See the section below titled "After You Move Out" for a complete description of the law concerning the return of security deposits.)
•3. Make sure the charges you pay at the beginning of your tenancy are clearly explained in your lease or rental agreement
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EXAMPLE: Your lease specifies a security deposit of $350, which is equal to a month's rent. When you sign the lease, the apartment manager tells you that you can use the security deposit in lieu of your last month's rent. However, the written lease says nothing about this arrangement. In this case, insist that the lease be changed to reflect this agreement. If you do not, and you later get into a dispute about this provision, the written lease provision will probably determine the outcome.
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