Assigned to COMPS FOR
COMMITTEE
Assigned to COMPS FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
landlord tenant; security deposits
Purpose
Requires a tenant to dispute security deposits deductions within 60 days after termination of the tenancy.
Background
The Landlord Tenant Act (Act) regulates landlord-tenant relationships and is the statutory system that governs most persons who reside in rental housing in this state (A.R.S. § 33-1301). The Act establishes: 1) landlord obligations, including restrictions on security deposits, methods for providing notices to tenants and prohibited provisions in rental agreements; 2) tenant obligations regarding rent, compliance with rules and liability for guests; and 3) remedies for noncompliance by either the landlord or the tenant (A.R.S. § 33-1322).
The Act prohibits a landlord from demanding a security deposit greater than 150 percent of a tenant's monthly rent payment. The landlord must list any nonrefundable fees or deposits in writing; any undesignated amounts are refundable. Within 14 days after termination of a tenancy, the landlord must mail the tenant an itemized list of any deductions or owed amounts. If the landlord fails to provide the written list, the tenant may recover damages equal to twice the wrongfully withheld amount (A.R.S. § 33-1321).
There is no anticipated fiscal impact to the state General Fund Associated with this legislation.
Provisions
1. Requires a tenant to dispute security deposits deductions or owed amounts, as recorded by the landlord, within 60 days after termination of the tenancy.
2. Finalizes a landlord's accounting of a security deposit and prohibits any future claims 60 days after termination of the tenancy.
3. Contains technical changes.
4. Becomes effective on the general effective date.
House Action
COM 1/30/18 DPA 6-3-0-0
3rd Read 2/15/18 36-23-1
Prepared by Senate Research
March 1, 2018
GH/lb