Menu Close

Arizona Security Deposits and Prepaid Rent

The Arizona Residential Landlord and Tenant Act sets forth the following requirements for collecting security deposits and prepaid rent for residential rental property:

Maximum Amount

A landlord shall not demand or receive security, however denominated, including prepaid rent in an amount or value of more than one and one-half month’s rent.  This subsection does not prohibit a tenant from voluntarily paying more than one and one-half month’s rent in advance.

Nonrefundable Fees

The purpose of all nonrefundable fees or deposits shall be stated in writing by the landlord. Any fee or deposit not designated as nonrefundable is refundable.

Property Condition and Inspection

On move in, a landlord shall furnish the tenant with a signed copy of the lease, a move-in form for specifying any existing damages to the dwelling unit and written notification to the tenant that the tenant may be present at the move-out inspection. On request by the tenant, the landlord shall notify the tenant when the landlord’s move-out inspection will occur. If the tenant is being evicted for a material and irreparable breach and the landlord has reasonable cause to fear violence or intimidation on the part of the tenant, the landlord has no obligation to conduct a joint move-out inspection with the tenant.

Withholding and Returning

On 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 the itemized list and any amount due, by first class mail, to the tenant’s last known place of residence. If the tenant does not dispute the deductions or the amount due and payable to the tenant within sixty days after the itemized list and amount due are mailed as prescribed by this subsection, the amount due to the tenant as set forth in the itemized list with any amount due is deemed valid and final and any further claims of the tenant are waived.

Note: If the landlord fails to comply with this subsection, the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld.

Article 02. Section 33-1321.

Return to Arizona Landlord-Tenant Laws.