AZ law gives landlords 14 business days after termination of a rental agreement to return a security deposit in full minus any repairs the landlord performed.
Today was the 20th day. They finally have my deposit in the office, but they want to charge me for repairs that weren't even mentioned during the move-out walkthrough as well as for the electricity that they used after we moved out (I had service disconnected on the day I handed over the keys.). I asked to see receipts as verification that the charges are valid, and the manager took both the check and the itemization away from me and told me that she'd "call me" because she didn't have them then. She refused to give me a copy of the itemization. Also, the amount that they are claiming that I paid as a security deposit is $151 less than what I actually paid.
2006-10-30 14:00:07 · 9 answers · asked by Akuseru 3 in Politics & Government ➔ Law & Ethics
Shame on me for "letting" her take things I need in court away from me? I wasn't exactly clear above, but she literally ripped the paper out of my hand while I was reading it! Short of assaulting her, there was no way of getting it from her.
2006-10-30 14:09:47 · update #1
And if I do file suit, I'm taking this to civil court, not small claims. Civil court allows for appeals (good for us in the case we get ruled against, bad if the ruling's in our favor), and the presiding judge happens to be the same man who performed our marriage ceremony in March. I'd feel like we had a better chance with that than small claims.
2006-10-30 14:11:49 · update #2
I did pay the deposits with checks, but I don't receive copies of them from my bank. I'm in the process of getting those, but the amounts are clearly written on the lease agreement I have and nothing says they're nonrefundable.
2006-10-30 14:34:04 · update #3
Yes, small claims... bring all your evidence.
Lease agreement... your proof of payment. Also any information ie Final bill from power company.
Also, shame on you... NEVER let them take things from you that you'll need in court.
You might want to get "legal advice" but obviously it's not worth paying a lawyer's fees or retainer for small claims.
2006-10-30 14:01:47 · answer #1 · answered by Big C 5 · 0⤊ 1⤋
Maybe the things that needed repair weren't obvious during the walk-through, and were later discovered after you moved out. As for the electricity, I'm sure you can prove that you had the service disconnected, simply by notifying the electric company. Your landlord's failure to show the receipts for the alleged charges does sound a little subversive. You are entitled to a copy of the itemization. As for the security deposit amount, you should have retained a receipt for that. Unless you actually have things in writing, they are difficult to prove in your favor. You might need to have an attorney intervene in your behalf, but I don't think it would be to your benefit to sue the landlord, because these nominal amounts could only be litigated in small claims court, where even though you could represent yourself, you wouldn't get much out of it. But I would talk to an attorney to see if the landlord violated your rights as a tenant, and see what he or she recommends. If you can't afford an attorney, you could get free legal advice through the Legal Aid Society in your area. Good luck!
2006-10-30 14:14:38 · answer #2 · answered by gldjns 7 · 0⤊ 2⤋
SUE THEM!!!
Put your case together very carefully. Know what they are likely to contend when they appear before a judge; know it ahead of time. Then plan your strategy around the counterargument. Get official information from the electric company.
I hope you paid the security deposit with a check. In that case you have proof of what you paid - in your cancelled check that they cashed. Never pay anybody with cash. Sue them. And be selective in the future; if somebody seems shady, he or she probably is.
2006-10-30 14:11:32 · answer #3 · answered by voltaire 3 · 0⤊ 1⤋
Talk to a lawyer, but to me her behavior seems more than a little suspicious. A landlord with nothing to hide would be willing to walk through and show you everything that needed repair, as well as the receipts and itemized list.
2006-10-30 14:02:54 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Don't waste anymore time. Go file a complaint in your county courthouse. If the judge finds your landlord withholding money, he will grant you double your security plus attorney fees. Also your landlord must attach all receipts to your security. They can't just say this cost this and this cost that. No. Absolutely not. That is not how it works. Go file the complaint and collect your money.
Regardless, is she going to deny it. Bring it to court. THe judge will find her withholding money and grant you double that. Watch.
2006-10-30 14:09:58 · answer #5 · answered by Rica 82 5 · 0⤊ 1⤋
call an criminal expert focusing on workplace proper discrimination. you'll be able to might desire to document an EEOC criticism in the previous you proceed and the time lines might nicely be tight on that. under ADA they do might desire to make existence like lodging for disabilities, yet they don't might desire to accommodate previous what's existence like. case in point, in case you have been paralyzed yet needed topersistent a truck, they might might desire to make an unreasonable quantity of lodging for you, so it would be alright to not hire you, or to hearth you from truck making use of. As to damages, do not assume too a lot. Juries do not discover psychological ailment to be as sympathetic as a actual harm may well be.
2016-10-16 13:52:10 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Yes U can make sure U bring all your proof 2 court
2006-10-30 14:08:44 · answer #7 · answered by sugarbdp1 6 · 0⤊ 1⤋
Yes
2006-10-30 14:03:04 · answer #8 · answered by Anonymous · 0⤊ 1⤋
If you need Legal Assistance, but don't want to pay the High Hourly Rate, please contact me.
2006-10-30 14:57:43 · answer #9 · answered by Anonymous · 0⤊ 1⤋