Security Deposits

sreynaga · #1 05-28-2006, 02:30 AM

Arizona
I have a quick question regarding securtiy deposits. My roomate and I vacated our last residency on May 3 of this year, we finally got a letter from our landlord which was postmarked on the the 24 of May with an itemized deduction list of what he used the deposit for. However, in the arizona landlord and tenat act section 2 of landlor obligations it states that upon termination of tenancy, property or money held by the landlord shall be returned or a letter of itemized deductions must be sent within fourteen days excluding weekends or holidays after termination of the tenancy and delivery of possession and demand by the tenant, if any.
Do my roomate I have cause to sue him for violation of this section of the act?
Thanks for your time in advance

seniorjudge · #2 05-28-2006, 02:33 PM

Quote:

Originally Posted by sreynaga

Arizona
I have a quick question regarding securtiy deposits. My roomate and I vacated our last residency on May 3 of this year, we finally got a letter from our landlord which was postmarked on the the 24 of May with an itemized deduction list of what he used the deposit for. However, in the arizona landlord and tenat act section 2 of landlor obligations it states that upon termination of tenancy, property or money held by the landlord shall be returned or a letter of itemized deductions must be sent within fourteen days excluding weekends or holidays after termination of the tenancy and delivery of possession and demand by the tenant, if any.
Do my roomate I have cause to sue him for violation of this section of the act?
Thanks for your time in advance

Do your research at a law library on this question.

Also, Google the Arizona statute number.

JETX · #3 05-28-2006, 03:13 PM

Quote:

Originally Posted by sreynaga

Do my roomate I have cause to sue him for violation of this section of the act?

You don't need 'cause' to sue someone. After all, anyone can sue almost anyone else over almost anything.
However, if you mean to try to win.... you have no chance.
Reason: You forgot to read the FULL text of the statute. It requires that you (the tenant) make a demand on the landlord before that 14 day clock starts. What day did you make your 'demand' in writing on the landlord??

Arizona Revised Statutes:
33-1321. Security deposits
"D. Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of all rent, and subject to a landlord's duty to mitigate, all charges as specified in the signed lease agreement, or as provided in this chapter, including the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with section 33-1341. Within fourteen days, excluding Saturdays, Sundays or other legal holidays, after termination of the tenancy and delivery of possession and demand by the tenant the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant, if any. Unless other arrangements are made in writing by the tenant, the landlord shall mail, by regular mail, to the tenant's last known place of residence."

sreynaga · #4 05-28-2006, 07:36 PM

We made a demand to the landlord over the phone on the third of May which we have a recording of. I don't know if this helps.

BelizeBreeze · #5 05-28-2006, 07:39 PM

Quote:

Originally Posted by sreynaga

We made a demand to the landlord over the phone on the third of May which we have a recording of. I don't know if this helps.

You did not make 'NOTICE'. you lose.

seniorjudge · #6 05-28-2006, 07:39 PM

Quote:

Originally Posted by sreynaga

We made a demand to the landlord over the phone on the third of May which we have a recording of. I don't know if this helps.

How would you prove that in court?

sreynaga · #7 05-28-2006, 07:39 PM

Also my roomate and were present at the move-out inspection and the inspection form everything checked out just fine. However, the landlord was not present at the move out inspection because he goes through a broker. The broker who rented the unit to us was there for the final walkthrough. We also took pictures of the place before handing over our keys. The landlord is claiming damage that the final walkthrough inspection does not have written on it. Is that legal to claim something after the inspection has been completed?

JETX · #8 05-28-2006, 07:40 PM

Quote:

Originally Posted by sreynaga

We made a demand to the landlord over the phone on the third of May which we have a recording of. I don't know if this helps.

It might.... or might not. Either way, you have to get your case into court first.... and I doubt that a court will grant you anything on the difference between 14 days.... and 15 days. And not at all without your having any 'damages'.
So, what EXACTLY are you claiming as damages incurred due to the fact it was postmarked 1 day late??

BelizeBreeze · #9 05-28-2006, 07:42 PM

Quote:

Originally Posted by JETX

It might.... or might not. Either way, you have to get your case into court first.... and I doubt that a court will grant you anything on the difference between 14 days.... and 15 days. And not at all without your having any 'damages'.
So, what EXACTLY are you claiming as damages incurred due to the fact it was postmarked 1 day late??

I can't WAIT to hear this answer...

sreynaga · #10 05-28-2006, 07:48 PM

My parents have rental property and mentioned this to me and I was just wondering if Article 33-1321 had any legal bearing. Obviously, it does not. However, if at the inspection he chose not to be present and the broker signed off on the inspection as everything being fine and just normal wear and tear, and we assumed okay we did our job. We hadn't heard anything from him after the we talked on the third of may. My roomate called him on the 23 of May to ask him about the deposit and he asked her to fax a copy of the lease to him. Which we did, the following day he sent a letter with itemized deductions on it (the envelope was postmarked the 24 of may, but the date he had written on the letter was the fifthteenth of may) He then told my roomate that he had to paint the property because of unremovable dog and dirt which in the pictures I possess show nothing of the sort ( I took detailed pictures of every inch of the unit) And he has other charges that total 976.00. Including charges for things that broke in the unit and were never fixed. However, when these items failed to be fixed we wrote him a letter letting him know that they still had not been fixed.