Landlord Question and Answer Forum
Can I ask the tenant who moved out to pay for damages that exceed the secuity deposit before proceeding legally?
Greta R, AZ on Friday, November 4, 2011
RE: damages that exceed security deposit
Under Arizona law you have 14 days after you deliver possession of the premises and make demand to do one of two things •1) return the security deposit in full; or •2) deliver to your Tenant an itemized written notice of the damages or unpaid rent to which the deposit has been applied, along with any remaining amount of the security deposit.
if the balance of the damages is less than the security deposit, you have a right to demand payment.
If the Tenant does notpay off the balance, you may file a lawsuit in Small Claims Court and recover the amount of the deposit not covered or paid for by the security deposit. In some cases a judge will award legal costs to the prevailing party as well..
Posted by
Erica S, PA
on
Tuesday, November 8, 2011
RE: damages that exceed security deposit
In the future you may be able to avoid this by periodically inspecting the property.
Posted by
Doug H, NY
on
Wednesday, January 4, 2012
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