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Regaining Security Deposit and Safety Equipment charges on Rented House

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sifta

Junior Member
What is the name of your state (only U.S. law)? Arizona

Sorry in advance about this being long-winded. I moved out of a house in Arizona that I had been renting for about 2 years. The landlord/owner lives in California and had never been in Arizona the full time that I was there. I have never met him face to face, but have a signed lease and have faithfully mailed him rental checks on time every month. His friend was occupying the place when we moved in, and our instructions upon leaving were to lock up the house, and mail him the keys after we moved away to another state. He had an occasional handyman and a real estate agent friend, both of whom supposedly misplaced their copy of the key.

When moving in, I had brought up a few safety issues regarding a broken dishwasher door which flopped open and could potentially crush something in front of it (like my 2 year old son). Also, there was no pool barrier. I sent him a video of the dishwasher by e-mail, which he viewed, but refused to change the dishwasher. Also, his suggestion for the pool enclosure was to install a $5 spring loaded hinge on the back door.

In the interest of safety and comfort, I replaced the dishwasher myself (which he agreed to and paid $40 towards). I also paid over $1000 for a pool fence, which I still believe that he should have paid for. In any event, I continued paying rent on time every month. Based on my reading of the Arizona Law,

36-1681 - Pool enclosures; requirements; exceptions; enforcement

the hinge idea is woefully insufficient, and the installation of a pool fence was his responsibility. We discussed it several times over the course of my tenacy, and upon leaving, he said that he would have to return to Arizona and view the property to evaluate how much he would pay for the pool fence. About a month before we left, however, I sent him an email with a video walkthrough of the house, and followed up with him by phone. He said that everything looked good.

After we moved out of state, I called him a few time to check on the status of when he could see the property and he came up with various excuses as to why he couldn't view it (e.g. his girlfriend's grandmother's 90th birthday party). After over a month, I called his cellphone and asked him when I could expect my security deposit back. This was after the 14-day period mandated by Arizona law, and after I sent him a certified letter including our keys. He sent back only a portion of our security deposit with hundreds of dollars of frivolous house and yard cleaning charges (we had the house and yard cleaned prior to move out), including a charge for trimming of palm trees which were never trimmed before we moved in. Also, after his 'inspection' of the pool fence, he did not remunerate one dime of the cost but according to him, he graciously did not charge for it's removal and disposal. Of course, our whole understanding was that his viewing on video was not enough and he needed to see it in the flesh.

Assuming that this does not work itself out, what are my options?
 
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Who's Liable?

Senior Member
Your only option at this point is to sue him in small claims court. Most likely he will not show up and you will win by default. Than you can attach it to his credit.

As with most LLs that do business in AZ from another state, they do not realize or care that they MUST conform to AZ law regarding pools. You were in the right to demand he install a pool fence as mandated in AZ per your link as it is a safety issue with children. This is a cost which you as a tenant are NOT liable for. A LL has to provide a safe and habitable rental unit. This so happens to include a pool fence in AZ.

However there are some exceptions, one being if the pool was constructed BEFORE the effective date of the statute, AND if ALL residing tenants are above the age of 6. However depending on which city you live in, they may have amended their ordinances to include the exceptions since there are so many children drowning.

Did you provide a forwarding address to the LL? Did you provide a WRITTEN request for your security deposit? Send ALL letters CRR via USPS. In AZ, a letter sent CRR is deemed "delivered" and the receiving party has "knowledge" of the contents of the letter on the 5th day it is sent.

Keep your video as proof of move-out conditions as you will need it in court...
 
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sifta

Junior Member
Thanks for the response. One more question. Is there any value in holding off in cashing the portion of the deposit already returned, or should I just cash it and work towards getting the remainder of the balance.
 

Alaska landlord

Senior Member
You knowingly entered into a rental agreement with a landlord that may or may not have been in violation. At most, if he knew your son was under six, he is guilty of a minor code offense. The cost of the enclosure is not his responsibility since you elected to purchase and install it on your dime; without written permission I would add.
 

Who's Liable?

Senior Member
You knowingly entered into a rental agreement with a landlord that may or may not have been in violation. At most, if he knew your son was under six, he is guilty of a minor code offense. The cost of the enclosure is not his responsibility since you elected to purchase and install it on your dime; without written permission I would add.
AZ law REQUIRES, tenant knowing or not, the LL to install the fence IMMEDIATELY upon purchase of said property. If the LL bought the property without the fence, and did not immediately install one, he would be in violation and therefore subject to all penalties arising from ANY incident involved with the pool and lack of a fence.

without written permission I would add.
And you would lose, as have many a LL has who claim your defense.
 
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Alaska landlord

Senior Member
AZ law REQUIRES, tenant knowing or not, the LL to install the fence IMMEDIATELY upon purchase of said property. If the LL bought the property without the fence, and did not immediately install one, he would be in violation and therefore subject to all penalties arising from ANY incident involved with the pool and lack of a fence.
And you would lose, as have many a LL has who claim your defense.
As usual, you intentionally missed a few things.

D. This section does not apply to:

4. A swimming pool or contained body of water or barrier constructed prior to the effective date of this article.
7. A residence in which all residents are at least six years of age.
 

Who's Liable?

Senior Member
As usual, you intentionally missed a few things.

D. This section does not apply to:

4. A swimming pool or contained body of water or barrier constructed prior to the effective date of this article.
7. A residence in which all residents are at least six years of age.
I see that you did NOT read my first post which CLEARLY states this. I'll quote myself since you missed it:
However there are some exceptions, one being if the pool was constructed BEFORE the effective date of the statute, AND if ALL residing tenants are above the age of 6. However depending on which city you live in, they may have amended their ordinances to include the exceptions since there are so many children drowning.
And since you don't live in the state and are therefore unknowing of local ordinances: depending on which city OP lives in, most if not all, have amended ordinances that INCLUDE the exceptions...

it's actually surprising how many LLs are surprised about this since it is constantly drilled into everyones head here. It's on all the radio stations, all the news channels, on billboards etc...
 
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Alaska landlord

Senior Member
As with most LLs that do business in AZ from another state,
Do you have any supporting documentation to your allegations?


they do not realize or care that they MUST conform to AZ law regarding pools.
Actually, unless you are capable of reading their mind, or know whether or not they are in compliance this is pure nonsense.


You were in the right to demand he install a pool fence as mandated in AZ per your link as it is a safety issue with children.
Again, you have no idea if the landlord is in compliance. Do you have inside information as to when the pool was built?


This is a cost which you as a tenant are NOT liable for. A LL has to provide a safe and habitable rental unit. This so happens to include a pool fence in AZ.
Again, with no knowledge of compliance you have no clue as to whether the landlord is compliant.
Tenant willfully installed and paid for a barrier; tenant is liable for cost.
 

Who's Liable?

Senior Member
Do you have any supporting documentation to your allegations?
sure... How many do you want? I can give you 1, 10, 20 , 100? As stated, most LLs who do business in AZ from another state think they can bring their own state LL knowledge and apply it to AZ, which is NOT the case. Every state has their own LL/T version which can and are broken further down by state, city, or county ordinances.

Actually, unless you are capable of reading their mind, or know whether or not they are in compliance this is pure nonsense.
I do not need to read their mind, however that would be a GREAT power to have. All properties that are sold in AZ, specifically the Phoenix metro area have a legal and liability disclosure regarding existing pools and the need for fences.

Again, you have no idea if the landlord is in compliance. Do you have inside information as to when the pool was built?
Of course I do... Look in yard at pool. No fence = non-compliance. I don't NEED to know when the pool was built.

again... I'll quote myself...

depending on which city OP lives in, most if not all, have amended ordinances that INCLUDE the exceptions...
Exceptions being:
A swimming pool or contained body of water or barrier constructed prior to the effective date of this article.
A residence in which all residents are at least six years of age.

Therefore a pool that was built in 70', or 82', or 06', or 48' would NEED a fence enclosure.


Again, with no knowledge of compliance you have no clue as to whether the landlord is compliant.
Tenant willfully installed and paid for a barrier; tenant is liable for cost.
Tenant installed fence which LL FAILED TO INSTALL AS REQUIRED BY AZ LL/T LAWS. Thus, cost of fence is refundable either by court or by LL writing a check.

Parents used to be slapped on the hand when their children drowned in pools as it was considered an accident. Now they give you jail time, and LLs are also put on notice to comply as they can be held liable too.

If I were a LL, I would MUCH rather pay the $1K to install a fence than to be named in a lawsuit and potentially lose it all.
 
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