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Arizona · A.R.S. 33-1321Arizona tenant security deposits when a rental property is sold

Buying a tenant-occupied home in Arizona means taking on the tenants' deposits. Under A.R.S. §33-1321(H), the holder of the landlord's interest in the premises at the time the tenancy ends is bound by the security deposit rules – so after closing, that's the buyer, whether or not the seller handed the money over. The rules the buyer inherits: a landlord can't demand or receive security, including prepaid rent, of more than one and one-half month's rent (a tenant may voluntarily prepay more rent); the purpose of every nonrefundable fee or deposit must be stated in writing, and anything not designated nonrefundable is refundable; at move-in the tenant gets a signed lease, a move-in form for existing damage and notice that they may attend the move-out inspection. When the tenancy ends and the tenant has delivered possession and made a demand, the landlord has 14 days, excluding weekends and legal holidays, to give an itemized list of deductions with any amount due, mailed first class to the tenant's last known address unless the tenant arranges otherwise in writing; a landlord who doesn't comply can owe the money plus damages of twice the amount wrongfully withheld. Separately, the landlord must disclose in writing the names and addresses of the property manager and of an owner or agent for notices – kept current and enforceable against any successor landlord or owner (§33-1322). For the sale itself, the statute doesn't set how deposits move from seller to buyer, so the purchase contract and the settlement statement should.

On a sale

  1. 1. Who's bound

    The holder of the landlord's interest when the tenancy ends (§33-1321(H)) – the buyer after closing.

  2. 2. Successor disclosures

    Manager and owner/agent names and addresses, kept current, bind a successor (§33-1322).

  3. 3. Transfer

    Not set by the statute – handle it in the contract and on the settlement statement.

Rules the buyer inherits

  • Deposit and prepaid rent capped at 1½ months' rent.
  • Nonrefundable fees only if their purpose is in writing.
  • Itemized list and refund within 14 business days after move-out and the tenant's demand.
  • Wrongful withholding: twice the amount withheld as damages.

What the TC can do

  • Get every lease, move-in form and a deposit list per tenant from the seller early.
  • Make sure the contract and settlement statement credit the deposits to the buyer.
  • Remind the buyer to send tenants the new manager and owner contact details.

Questions about Arizona deposits on a sale

Who returns the deposit after an Arizona rental is sold?

Whoever holds the landlord's interest when the tenancy ends is bound by the deposit rules (A.R.S. §33-1321(H)) – after closing, the buyer.

How much can an Arizona landlord hold as a deposit?

No more than one and one-half month's rent, including prepaid rent, though a tenant may voluntarily prepay more rent (§33-1321(A)).

How fast must an Arizona landlord return a deposit?

Within 14 days, excluding weekends and legal holidays, after the tenancy ends, possession is delivered and the tenant demands it, with an itemized list of deductions (§33-1321(D)).

Add the leases and the deposit list as documents on the deal in ClosingCode, so the transfer is tracked until closing.

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Source: Arizona Revised Statutes §§33-1321 and 33-1322 (azleg.gov, read October 26, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or title company. This guide is not a substitute for the advice or services of an attorney.