FACTS:

A property manager placed a tenant in the landlord’s property. After the tenant failed to pay rent for several months, the landlord filed an action for eviction with the assistance of an attorney. The landlord obtained a judgment against the tenant and the tenant was evicted. The landlord wants to claim all of the security deposit toward the amount owing from the judgment. Additionally, the tenant has left no forwarding address.

ISSUE:

Should the property manager provide an accounting of the security deposit to the tenant?

ANSWER:

See Discussion.

DISCUSSION:

Within 14 business days after termination of the tenancy and delivery of possession and demand by the tenant, the tenant is entitled to receive an itemized list of any/all security deposit deductions together with the amount due and payable to the tenant. A.R.S §33-1321(D) . According to a strict reading of the statute, unless the tenant has made a demand for an accounting of the security deposit, the property manager does not necessarily need to provide an accounting. However, the best practice is for the property manager to send a final accounting to the last known address of the tenant regardless of whether the tenant demanded an accounting.