How long does a landlord have to return a security deposit in Arizona?

What the law says

Arizona sets the deadline in section 33-1321(D) of the Arizona Revised Statutes. Three things start the clock: the tenancy ends, the tenant hands back the home, and the tenant asks. Then the landlord has 14 days, not counting weekends or legal holidays, and

“the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant, if any.”

The list and the money go by mail. Under section 33-1321(D) of the Arizona Revised Statutes, the landlord sends the list and any money by first class mail to the tenant’s last known home. A written arrangement by the tenant can change this.

A landlord can keep money only for certain things. Under section 33-1321(D) of the Arizona Revised Statutes, the deposit can pay rent that is owed. It can also pay the charges in the signed lease or the law, such as damage from the tenant breaking the tenant’s duties in section 33-1341. The landlord must still try to limit the loss.

Fees count as refundable unless the landlord says otherwise in writing. Under section 33-1321(B) of the Arizona Revised Statutes, the landlord must state in writing the purpose of every nonrefundable fee or deposit, and:

“Any fee or deposit not designated as nonrefundable is refundable.”

There is a cap. Under section 33-1321(A) of the Arizona Revised Statutes, a landlord may not ask for or take more than 1.5 months’ rent as security. Prepaid rent counts, whatever it is called. A tenant may still choose to pay more rent in advance.

Withholding wrongly costs double. Under section 33-1321(E) of the Arizona Revised Statutes, if the landlord breaks these rules, the tenant can get back what is owed. The tenant can also get damages of twice the amount wrongly kept. Under section 33-1321(F), other damages stay open to either side.

What changes the answer

Whether the tenant asked. The 14-day period in section 33-1321(D) of the Arizona Revised Statutes needs all three triggers: the end of the tenancy, the return of the home, and the tenant’s demand.

What the tenant does with the list. Under section 33-1321(D) of the Arizona Revised Statutes, a tenant has 60 days from the mailing to dispute the list. After that, the list is final and the tenant’s other claims are waived.

The move-in paperwork. Under section 33-1321(C) of the Arizona Revised Statutes, at move-in the landlord must give the tenant three things: a signed copy of the lease, a form to note damage already there, and a written note that the tenant may attend the move-out inspection. If the tenant asks, the landlord must say when it will be.

An eviction for a serious breach. Under section 33-1321(C) of the Arizona Revised Statutes, a joint move-out inspection can be skipped in one case. The tenant is being evicted for a material and irreparable breach, and the landlord has good reason to fear violence or threats.

A change of owner. Under section 33-1321(H) of the Arizona Revised Statutes, whoever owns the landlord’s interest when the tenancy ends must follow these rules. Under section 33-1321(G), all refundable deposits must be refunded at the end of the tenancy.

Use of the deposit during the tenancy. Section 33-1321(G) of the Arizona Revised Statutes lets a landlord use refundable deposits while the tenancy runs, as any property management agreement allows. That use does not change the refund at the end, which the same subsection requires.

Other claims. The double damages are not the only remedy. Under section 33-1321(F) of the Arizona Revised Statutes, the section does not stop a landlord or a tenant from recovering other damages the landlord and tenant chapter allows. That holds for the landlord’s claims and the tenant’s alike, as the subsection’s own words say.