Landlords are entitled to damages upon move out.  However, tenants often ask how to retain their security deposit or what to do if the landlord wrongfully takes their security deposit.  This blog post hopes to provide tenants with tips to have their security deposit returned at the end of the lease.

Move In

10.  Get a move in inspection: I often hear tenants say “that was here when I got here.” The landlord will then reply, “if that’s the case, then the tenant should have noticed it at the move in inspection.”  However, far to often, the new tenant does not want to rock the boat upon moving into the premises, so they simply do not get a move in inspection.

9.  Fill out the move in inspection form.  If you notice something upon move in, provide your landlord with notice.  It’s important to point out that the place was not perfect upon move in.  For example, if the carpet is dirty and worn, note it.  By advising the landlord, you could save yourself thousands at move out when the landlord attempts to charge you to install new carpet.  There are several forms available online if your landlord doesn’t tender one upon move in.  At the bottom of the form, have your landlord sign it and return it to you, as this may become your key piece of evidence upon move out.

During Lease

8.  Keep copies of work orders: During the course of the lease, your unit may be damaged due to no fault of your own.  For example, the A/C could leak, causing water damage to your drywall.  In such a case, you want to keep the  work orders so you are not inadvertently charged for a poor repair.  That way, if the landlord charges you later on, you have the proper forms to ensure to rebut any charges to fix the drywall, for example.

7.  Report problems quickly and in writing:  Under your lease and Arizona law, the tenant has a duty to notify the landlord in the event a problem arises. By doing this,  you can avoid the implication that you did something wrong or that you could be liable for the damages upon move out.  For a full list of the type the tenant’s responsibilities, visit ARS 33-1341.

Prior to move out:

6.   Clean the Premises:  The first line of defense to keep your security deposit is to clean the premises.  The landlord will typically charge $25/hour to clean the premises and $25 for each bag of trash.  This is the easiest expense that can be avoided by simply taking some time and using some elbow grease to ensure the premises looks clean.

5.   Make a Video: Before moving out, it’s important to make a video.  If the landlord wises to send you a bill to remodel the apartment after you move out, the tenant can simply respond and say I have all the evidence on video.  This will likely stop the landlord from moving forward with a lawsuit against you after the lease is over.

4.  Demand a move out inspection:  Before leaving, demand a move out inspection.  Have a copy of your move in inspection with you.  Of course, the landlord is entitled to have the tenant pay for damages, but it is not entitled to a remodel at the tenant’s expense.  In fact, in many cases, the items the landlord declares as damages should have been on the move-in inspection.

3.  Ask for an itemized accounting:  Under Arizona law, the tenant has a duty to ask for an accounting: