Keeping Your Security Deposit
Whether it is a house, apartment, mobile home, or room – most places for rent require the tenant to pay the landlord a security deposit. A security deposit is a set amount of money a tenant gives to a property owner or landlord to protect the landlord if the tenant or their guests cause damage to the property, does not pay their rent, or otherwise violates the lease or rental agreement in a way that causes expenses for the landlord.
Tenants moving out of a rental property usually want their security deposit returned as soon as possible so it can be used as a deposit on a new home.
Tenants can follow these steps before moving in and after moving out to make sure the landlord returns their security deposit.
Step 1: Read and Understand Your Rental Agreement Before You Sign
Before you sign a lease or rental agreement for your new home, take your time and read it very carefully. Make sure your lease includes:
- The start and end date for when you will rent the property.
- The full amount of rent each month, including any taxes or fees (for parking, trash, etc.).
- The amount of the security deposit, whether any portion is non-refundable, and your rights related to the return of the security deposit when the lease ends.
- The amount of any additional fees or deposits and whether they are refundable or non-refundable. This might include cleaning fees, redecorating fees, and pet rent or deposits.
- Contact information for the landlord or property manager, including their full names, mailing addresses, telephone numbers, and/or email addresses.
Watch for important lease terms that might come up later. This might include:
- Instructions for how to address needed repairs
- Penalties or fees to terminate your lease
- Automatic or required notice to renew the lease at the end of the term
- Rules for subletting, roommates or authorized guests
Rental agreements are a type of contract, so tenants should know exactly what they are agreeing to before they make a commitment in writing.
Step 2: Before You Move In
Before you move into your new home, make sure to take a look at the entire space and building.
When you move in, the landlord is required to provide a move-in inspection form to record any damage to the rental that already exists. Documenting any existing damage to the property before you move in can be a key factor in the return of your security deposit.
When you move in, the landlord is required to provide a move-in inspection form to record any damage to the rental that already exists. Documenting any existing damage to the property before you move in can be a key factor in the return of your security deposit.
Take your time and be very specific when describing any damages you see. Be sure to document which room, what kind of damage, and any descriptions that detail size, color, shape, or location of the damage.
Examples of this might be: “crack in bathroom countertop to the right of the sink approximately three inches long” or “gray/black oval stain on carpet in doorway of master bedroom the size of dinner plate”.
If you can, take photos and/or video of the entire rental unit showing the condition before you move in. Take photos of the existing damage you record on the move-in inspection form.
Sign and date the form and make a copy for your records before returning the form to the landlord. Keep a copy of the form you submitted with a copy of the lease, communication between you and the landlord, and receipts for any payments.
Step 3: During Your Lease
In addition to the terms of your rental agreement, as a tenant you have certain obligations under Arizona law that could impact your ability to secure the return of your security deposit.
Obligations that may directly impact your security deposit include:
Obligations that may directly impact your security deposit include:
- Comply with all applicable building codes
- Keep the premises clean and safe
- Remove and properly dispose of all trash
- Keep all plumbing fixtures clean
- Use electrical, plumbing, heating, and air conditioning appliances and systems in a reasonable manner
- No deliberately or negligently damage the property or allow someone else to do so
- Promptly notify the landlord of required repairs or other action
Step 4: Moving Out
If your lease is ending and you plan to move out, there are a couple of important things to do before, during, and after you leave to make sure your security deposit is returned.
1
Before your lease ends, hand deliver or send by registered or certified mail a written notice to your landlord that tells them you plan to move out. The notice should include the date you plan to be fully moved out and a request for a move-out inspection date. Keep a copy of the notice for your records.
2
Thoroughly clean the rental space, fix any damage you (and your guests or pets) have caused, and remove all your belongings (including trash, food, cleaning supplies, or other last-minute items).
The space you rented should be in the same condition when you return the keys as when you first moved in.
Take photos or video of the property’s condition to document that you’ve cleaned and/or fixed any damage.
Be sure to return any and all rental and mailbox keys and devices such as garage door openers. Get a written receipt for the return of any items.
3
Attend and participate in the move-out/final inspection.
Ask the landlord to point out any damage they plan to deduct from your security deposit.
Request a copy of the move-out inspection report or form for your records.
4
When you have fully moved out of the property (or after the move-out inspection is complete), hand deliver or send by registered or certified mail a letter to your landlord requesting the return of your security deposit and your new mailing address.
You will want to keep a copy for your records.
5. Keep Good Records
One of the most important steps a tenant can take to protect their rights is to document all interactions with their landlord related to any payments, repair requests, and agreements outside of the lease.
Receipts and proof of payments
- Get a receipt for every time a payment is made to the landlord for the security deposit, rent payments, late fees, and other charges.
- Keep copies of cancelled checks, money orders, or bank statements showing payments made.
- Only pay rent, fees, or charges in cash if you can get a receipt at the time of payment.
Lease agreements, amendments, and other forms/requests
- When you move in, the landlord must provide you with
- a signed copy of the lease,
- a move-in form for identifying any existing damages to the property, and
- written notice that you may be present at the move-out inspection. (A.R.S. § 33-1321(C))
- Make sure any promises, requests, condition reports, notices, and other arrangements made outside of the lease are in writing. Keep copies in a safe place with the lease.
- Follow up on any verbal conversations or requests in writing. If you cannot receive a promise or request from your landlord in writing, send a letter or email right away referencing the conversation.
Communication between you and the landlord
- Be sure to sign and date any forms, letters, emails, or correspondence sent to the landlord.
- Keep copies of all letters, emails, and texts between you and the landlord.
- Keep copies of all move-in or move-out condition reports, requests for repairs, and any photos or videos that document the condition of the property before or during the lease term.
To learn more about security deposits and what to do if your landlord does not return your deposit, visit the Security Deposit FAQ page.