Can somebody who is familiar with Arizona Residential Landlord/Tenant Law please clarify this for me?

Question

From http://www.supreme.state.az.us/info/brochures/landlord.htm#Tenants

"You can get back the balance of any refundable security deposit within 14 business days after your rental agreement with the landlord has been terminated. However, the landlord may deduct any rent or other reasonable charges (which must be itemized in a written statement) from your security deposit."

Is the termination of the rental agreement defined as the day that the keys are surrendered to the landlord, or the end of the month that the unit is vacated? We vacated the unit on 9/21, so is TODAY the deadline for us to get that back?

What about the minimum one-month notification of rent increase? Does that have to be a written notice, or can it be verbal? Our rent was raised twice in the last two months we occupied the unit and we never received written notice of the increases.

Also, can a landlord charge a tenant for a full month's rent if the unit is vacated before the end of the month?

The lease ended on the last day of April. After that, we were paying month-to-month.

We did NOT pay rent for October, nor did we occupy the unit past September 21, 2006.

Answer 1

Generally speaking, the rental agreement is terminated by written notice, usually notice is thirty days minimum for a month to month rental period. Once the thirty days is up, the landlord will have the time prescribed by law to return the deposit, or provide an accounting. You can give notice at the beginning of the month and that would make the end of the month the date of terminiation of the rental agreement. You can also give notice in the middle of the month, but depending on your rental agreement (generally governed by the terms of your lease) the landlord may require that the entire rental period be paid, i.e., the next month's rent may have to be paid in full, and you don't have to move until the end of the month. If you vacate earlier, the landlord may have a right to take possession, but does not necessarily have to return your deposit until after the time allowed had you vacated at the end of the term.

Generally, rent increases must be in writing and the tenant must be given sufficient notice of the increase. It sounds like your former landlord may not have provided sufficient notice of a rent increase.

You should seek the advice of a lawyer in your area.

Good luck!

Answer 2

The rental agreement is terminated on the last day listed on your lease. For example, if the lease is 11/1/05 - 10/31/06, then fourteen days after 10/31 (11/14) is your date.

A landlord can charge a leasor for the total amount of the lease, regardless of when you leave or turn in some keys.

If you and the landlord agree to terminate your lease before the date on the original signed lease, then that date is the date the agreement is terminated and would be the last day for which you would have to pay rent.

I'm not sure about the rent increase. Does it say that in your lease? If it doesn't specify written in the lease and you signed it, then they can probably just verbally tell you.

If you have a month to month agreement, you are liable for the entire month's rent, regardless of when you move out. That would mean your term. date is 10/31, their date to refund your deposit is 11/14, and you owe rent for all of October.

You could call the courthouse to clarify the rent increase issue.