By Mark Zinman | Zona Law
Question: We have a former resident who has been emailing several times requesting her deposit. We had filed an eviction against her for non-payment of rent, but we dismissed it when she turned in the keys. Do I owe her deposit back since we never got a judgment?
Answer: If the tenant owes you money, then you do not have to return the deposit, but you are still required to send out the deposit accounting within 14 business days. You would send an accounting showing all the amounts owed to you, and credit the deposit to that amount. It is also important to note that under Arizona law if you file an eviction and the tenant turns in keys after that, you are still entitled to proceed to court and get a judgment. If they turn in keys before you file, then you can’t file an eviction. However, if you file and then they turn in the keys, you can proceed.