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Landlord/Tenant

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AprilAnn

Guest
I live in Arizona, and my family and I just recently moved from one city to another due to work issues. Well our deposit at our last rental (security deposit) was 900.00 which included a pet fee of 250.00 for all 4 pets. All our pets were put on the lease. After we moved, we found out that they took all our deposit and expected us to pay them 170.00 more for things that we had done ourselves...such as charging us a cleaning fee for 22.50 an hour, when we cleaned everything and there was nothing to do, and charging us 22 an hour to do landscaping on the front yard, when they asked us to not mess with the yard because they wanted to work on it. Anyways the main point is that they also charged us 500.00 for 5 extra pets. We do not know where they get five extra pets. We had 4 dogs, (all on the lease) 2 ferrets...one that was not even in our custody till a week before we left the rental. We also had 2 beta fish and 1 cockatiel. All caged or contained. I would like to know if we have a case to argue about the pets, or if they landlords are within rights to charge us for 2 fish, 1 bird, and 2 ferrets. Our lease says that the landlords cannont change the lease without 30 days notice. Nothing about fish, ferrets or birds were in the lease....could anyone please let me know what we should do in this situation.

Sincerely,
April Ann
 


JETX

Senior Member
Your complaint (excessive deductions from deposit) is clearly the #1 complaint about landlord-tenant relationships. And also one of the hardest to prove and resolve.

First, have you tried to negotiate a settlement or resolution with the landlord?? If you have and are still at an impasse, your only option is to file a lawsuit against him/her. Bring the landlord into court and force him/her to prove their damage claim. Also, we assume that like all responsible tenants, you documented the condition of the premises when you left (photos, videotape, etc.), correct?? So, you will have evidence to support your claims of condition.

Another large mistake by landlords, is in violating state landlord-tenant statutes, which if applicable to your situation, can also be used to help you resolve this issue. For example, AZ §33-1321 requires:
" 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."
Did you make a demand for the above? If so, did the landlord provide within 14 days??

I suggest you read the AZ landlord-tenant laws and see what, if anything, they might have violated. A copy of the applicable statutes (33-1301 thru 33-1381) can be found at:http://www.azleg.state.az.us/ars/33/title33.htm

Once you have done that.... you will need to decide whether to take legal action in small claims court.... and what violations to claim.
 

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