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My apartment complex charged me 2 months utilities after my…

My apartment complex charged...

My apartment complex charged me 2 months utilities after my official move out date not notifying me that they where charging me and took it out of my security deposit without notice and never sending me a bill or itemization saying that my deposit was put toward it.

Lawyer's Assistant: Where is the property located?

Tucson Arizona

Lawyer's Assistant: Has any paperwork been filed?

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Answered in 2 minutes by:
7/11/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

What did they say when you told them about this? What is your ideal outcome in this situation?

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Customer reply replied 11 days ago
I just want my security deposit back of $150 but as of right now I apparently owe them $85 for utilities 2 months after i've moved out. Its been 1 month and 10 days since I moved out and as I have read they are mandated to have my deposit back to me within 14 days and according to the lease they also have to give me a itemized list of all deductions from the deposit which they have not given me.

I see what you mean. And they didn't tell you why they charge for two months? Were your utilities included in the rent?

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Customer reply replied 11 days ago
they are not however my lease ended in the end of may I payed my may rent and utilities in full then when I moved out they walked through my apartment and told me the only thing coming out of my deposit was $40 for professional carpet cleaning and that i would get that in the mail no later than 14 days. Then when I called today asking where the deposit was they said that It was put to utilities and that the utilities are 2 months behind, which no one informed me and I see no where within the lease.

I see. 33-1321 of the ARS covers security deposits. The sad part is that in AZ, security deposit issues are common among landlords and tenants. Part of the reason is because what is considered necessary for repair/cleaning vs. reasonable wear and tear is subjective. Each party has an interest in keeping as much money as possible. Nonetheless, the landlord has responsibilities under the law that must be recognized.

Generally, the law requires that the landlord provide an itemized list of the cleaning and repairs that must be done, along with the charges owed or the remaining amount after the deductions usually within 14-30 days depending on your jurisdiction. The failure to do so can lead to damages paid out by the landlord.

In addition, landlords are required to only deduct for reasonable expenses related to cleaning and repair. They cannot charge a tenant’s security deposit to remodel the premises. A fresh coat of paint is a common, reasonable charge. A brand new chandelier is not a common, reasonable charge. In this case, charging again for utilities wouldn't be a reasonable charge because utilities are usually only charged one time per month.

If you have concerns about the timing or reasonableness of your security deposit letter, it is important to begin discussions with the landlord now. Sometimes, they either forget or they are just negligent in their actions so you have to take the lead. There’s a site that I’ve used in the past where you can find a good template for a letter that puts the landlord on notice that their actions regarding the security deposit is unlawful (click here). It only costs $10 and it is way cheaper than litigation. If they don’t comply, your only other option is small claims court in your jurisdiction.

Because I value input, I would like to know what other questions did you have for me today that I can help out with:-)?

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Customer reply replied 11 days ago
What your saying is that what they are doing is unlawful in Arizona and that I do have a case to get my money back? Can they charge me for 2 months utilities after my lease ends?

Yes. That's basically what I'm saying; it's unlawful under the ARS and you do have a case to get your money back if you went to a Pima County courthouse. They can't charge you for the utilities after your lease ends without some legal justification for doing so .

Did you have any other questions for me today? If not, were you satisfied with my service today:-)?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Customer reply replied 11 days ago
Nothing else today thank you and you where a great help

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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Customer reply replied 11 days ago
actually i do have another question. Can they charge me for utilities after I have moved out and my lease has ended? I see it no where within the lease that I signed.

No. You are only to be charged for the utilities that you used for the time you were there. Anything after is chargable back to the landlord. I do have to sign off for the night; however, if you have other questions, feel free to

1. Click on my profile and ask a new question. I believe Just Answer has a 7 day free trial period so you can ask unlimited questions during that time.

2. When you do that, I usually respond within a few hours and we can chat. Just makes it easier for us to have different threads going:)

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Customer reply replied 11 days ago
sure thing thanks

Thanks so much!

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