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Arizona Security Deposit Law, in Plain English

Arizona's deposit statute hands the tenant two tools most states don't: a mandatory move-in form for recording existing damage, and a right to attend the move-out inspection. But both tools only work if you use them — and the return clock has a trigger most people miss. Here's how A.R.S. § 33-1321 actually works, for both sides of the lease.

14 business daysDeadline to deliver the itemized list and refund — after termination, return of possession, and the tenant's demand
1.5 months' rentCap on all demanded security, "however denominated," including prepaid rent
1 required formThe move-in damage form the landlord must furnish, with written notice of the tenant's inspection right
2x damagesWhat wrongful withholding costs — twice the amount withheld, on top of returning it

The 1.5-month cap — and the label rule for fees

A landlord may not demand security exceeding one and one-half months' rent — and the statute closes the renaming loophole by counting security "however denominated, including prepaid rent." Deposit plus demanded prepaid rent together must fit under the cap. A tenant can voluntarily pay more; a landlord cannot require it.

Non-refundable fees are legal in Arizona, but only under a strict labeling rule: the purpose of any non-refundable fee must be stated in writing, and any fee or deposit not expressly designated non-refundable is refundable by law. A lease that's vague about whether a "cleaning fee" comes back has answered its own question — it does.

The form the landlord must hand you — and what to do with it

At move-in, § 33-1321(C) requires the landlord to furnish three things: a signed copy of the lease, a move-in form for specifying any existing damages to the unit, and written notification that the tenant may be present at the move-out inspection.

The move-in form is the baseline for the entire tenancy — damage recorded on it can't reasonably reappear as a move-out deduction. But notice what the statute doesn't specify: how detailed the form must be. A form that says "unit acceptable" protects no one; a form annotated room by room, kept alongside a dated photo and video record of the same walkthrough, protects whoever made it. The statute supplies the paper; the thoroughness is up to you.

The move-out inspection right works the same way: it exists, but it runs on request. On the tenant's request, the landlord must notify the tenant when the move-out inspection will occur. Put that request in writing when you give notice to vacate. Walking the inspection together — landlord with the move-in form and their records, tenant with theirs — is how deductions get discussed while the unit is still in front of both parties, instead of disputed by mail afterward. The one exception: a landlord evicting for a material and irreparable breach who reasonably fears violence isn't obligated to conduct a joint inspection.

Make the move-in form mean something.

PropInspect walks the unit room by room — photos, 60-second video clips, and tagged notes — in about 10 minutes, giving the statutory form a dated visual record to stand on. Share the report as a link the other party can view without an account, or download it as a PDF to keep with the signed form. Works in the browser, works offline, no app to install. First inspections free, then $0.99 each. No subscription.

Arizona law requires a move-in damage form and gives tenants a right to attend the move-out inspection. PropInspect helps you capture a dated, room-by-room record of condition and share it with the other party. PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Arizona law or a particular result in a deposit dispute.

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After move-out: the deadline with a trigger

The landlord must deliver an itemized list of all deductions plus any amount due within 14 days — excluding Saturdays, Sundays, and legal holidays — after three things have happened: the tenancy terminated, possession was delivered, and the tenant made demand. That third element is the one most summaries skip and most tenants never learn: the statute's clock is tied to your demand.

The practical move: when you hand back the keys, hand over a written, dated demand for the deposit with your mailing address, and keep a copy. Unless you've arranged otherwise in writing, the landlord's delivery method is first class mail to your last known residence — so the address you leave is the address that matters. And note the calendar math: 14 business days means a Friday move-out gives the landlord close to three weeks of real time.

What the deposit can lawfully cover: unpaid rent, charges specified in the signed lease, and damages from the tenant's failure to maintain the unit as § 33-1341 requires — beyond normal wear and tear, and subject to the landlord's duty to mitigate.

When it goes wrong: double damages

A landlord who fails to comply with the return and itemization requirements owes the tenant the money due plus damages equal to twice the amount wrongfully withheld (§ 33-1321(E)). Withhold $2,000 wrongfully and the exposure is $6,000 — the refund plus double. Unlike some states, the statute's remedy doesn't turn on proving "bad faith"; it attaches to noncompliance with subsection (D) itself.

Disputes go to justice court — Arizona's informal, self-representation-friendly venue, with a small claims division for the smallest cases. Worth knowing: a 1.5-month deposit plus double damages can outgrow the small claims division's limit quickly, so check current jurisdictional amounts when filing. Bring the lease, the move-in form, the written demand and its date, the itemized list (or proof none arrived within the window), all correspondence, and any dated room-by-room record of the unit at move-in and move-out.

Preguntas frecuentes

How long does a landlord have to return a security deposit in Arizona?

14 business days — Saturdays, Sundays, and legal holidays don't count — running from the end of the tenancy, return of possession, and the tenant's demand. Within that window the landlord must deliver an itemized list of all deductions plus any amount owed, by first class mail to your last known address unless you've arranged otherwise in writing. In calendar terms, a Friday move-out gives the landlord close to three weeks.

How much can a landlord charge for a security deposit in Arizona?

One and one-half months' rent — and the cap counts all security "however denominated," including prepaid rent the landlord demands. On a $1,600 rental, everything demanded up front as security cannot exceed $2,400. A tenant may voluntarily choose to pay more, but a landlord may not require it.

What is Arizona's move-in form requirement?

At move-in, the landlord must hand you three things: a signed copy of the lease, a move-in form for recording existing damage to the unit, and written notice that you have the right to be present at the move-out inspection. The form is your baseline — damage recorded on it can't reasonably become a deduction later, so fill it out thoroughly and keep a copy.

Can I attend the move-out inspection in Arizona?

Yes — it's a statutory right, but one you have to activate: on your request, the landlord must notify you when the move-out inspection will occur. Make that request in writing when you give notice. The narrow exception is an eviction for a material and irreparable breach where the landlord reasonably fears violence.

What can a landlord deduct from a deposit in Arizona?

Unpaid rent, charges specified in the signed lease, and damages from the tenant's failure to maintain the unit as § 33-1341 requires — beyond normal wear and tear, and subject to the landlord's duty to mitigate. Deductions must arrive as an itemized written list within the 14-business-day window.

What happens if the landlord misses the deadline or skips the itemized list?

The tenant may recover the money due plus damages equal to twice the amount wrongfully withheld. On a $2,000 wrongful withholding, that's the $2,000 back plus $4,000 in damages — a 3x total exposure that makes cutting corners on the itemization expensive.

Are non-refundable fees legal in Arizona?

Yes, with a strict labeling rule: the purpose of any non-refundable fee must be stated in writing, and any fee or deposit not expressly designated as non-refundable is refundable by law. If your lease is silent on whether a fee comes back, Arizona's default answer is that it does.

Where do deposit disputes go in Arizona?

Justice court. The smallest cases fit the small claims division, which is informal and doesn't allow attorneys; larger ones — and an Arizona deposit dispute with double damages can outgrow small claims quickly — proceed as regular justice court civil cases. Bring the lease, the move-in form, your written demand and its date, the itemized list or proof none arrived, and any dated record of the unit's condition.

Arizona gives you the form and the inspection. Bring the evidence.

Document the move-in today so the move-out is boring. Photos, video, and notes for every room — offline-capable, shareable as a link or PDF. Free to start — no account, no app, no credit card.

PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Arizona law or a particular result in a deposit dispute.

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