Possible Counter-suit?

[rlgiackino]

Our landlord has not returned our sec. dep. or an itemized list of deductions, and its been over a month since our lease ended. We are thinking of taking him to small claims court for $2400, the amount allowed by AZ law. We are pretty sure that he will counter-sue. If he does, I want to know what he needs to do to be successful. He needs to send us an itemized list? He needs to prove he's had estimates done for the repairs? He needs to have the repairs done? Is there a time limit on how long he can hold us responsible for damages, meaning can he sue us 6 months down the road? Unfortunately we didnt take pics, as we scheduled a walk-thru with him after we moved out (he lives out of state), but he never showed up or contacted us about it, although we tried to contact him several times. We are just wondering if this is worth the trouble and if we do take him to court, is there any way he could turn it around take even more of our money? He's already got the $800. He claimed carpet needs replacing, even though we paid a $100 non-refundable deposit to be used for cleaning the carpets because we had dogs. He also stated it needs repainting because it smells like cigarettes, even though there is nothing in our lease about it being a non-smoking house. We have tried to be reasonable with him, but he's been rude, disrespectful, and thinks he doesn't have to obey the law.

 

[Gail in Georgia]

In order for him to be successful, he'll need to prove to the court (not you) that his reasons for withholding the security deposit for owed rent, late fees and/or damages above normal wear and tear are documented, accurate and reasonable.

Gail

 

[Banned_Princess]

So, sue him. Sounds like you have nothing to loose.




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[rlgiackino]

Still unsure

Thanks but I'm still nervous about it. We did not take pics and with the more research I do, I realize we didn't do everything by the book. I don't want to be involved in a long legal adventure. I'm going to talk to someone at Legalaid here in AZ, so hopefully they can fill me in on all the details. Like so many landlords, I'm sure he's gonna fight this as hard as he can. He already accused us of threatening him by saying we would seek legal action if need be, and said he's got his lawyers standing by. Is this just intimidation? I really don't want to end up owing him money. We don't have pics, and not all our documentation is how it should be. Because he did not perform the walk-through and has not responded within the allowed time, has he ruined his chance of a counter-suit. We might not get all that money back, but is there a way he can still sue us? I'm sure he'll try anything. Thanks again.

 

[Banned_Princess]

Thanks but I'm still nervous about it. We did not take pics and with the more research I do, I realize we didn't do everything by the book. I don't want to be involved in a long legal adventure. I'm going to talk to someone at Legalaid here in AZ, so hopefully they can fill me in on all the details. Like so many landlords, I'm sure he's gonna fight this as hard as he can. He already accused us of threatening him by saying we would seek legal action if need be, and said he's got his lawyers standing by. Is this just intimidation? I really don't want to end up owing him money. We don't have pics, and not all our documentation is how it should be. Because he did not perform the walk-through and has not responded within the allowed time, has he ruined his chance of a counter-suit. We might not get all that money back, but is there a way he can still sue us? I'm sure he'll try anything. Thanks again.

He can counter suit, but he has to be able to prove that he used all of the security deposit properly, then still there was more damage.

I doubt you will owe him more money, if you didn't leave any unpaid rent, or totally trashed the place.

I think your chances are good, from the minimum info i gathered from your facts, and I say talking with the legal aid in your area is a very good idea.

I still don't think you have anything to loose.

 

[Gail in Georgia]

Many tenants believe the final walk through is the "end all" in terms of the landlord finding (and ultimately keeping the security deposit or suing for) further damages. It's not. States allow landlords time to find further damage above normal wear and tear even after this walk through.

In some states, failure to provide information regarding the security deposit by the required deadline negates the landlords ability to sue for damages. Unfortunately Arizona is not one of these states.

Gail

 

[ecmst12]

AZ is a very landlord-friendly state though. Listen to legal aid's advice.

 

[rlgiackino]

Time limit

I'm pretty sure the property is still vacant (think he was gonna try to sell it). My concern is that he'll find anything he can to get more money. Is there a time limit for him to present these issues/damages, or can he wait a few months and then say he discovered damages and sue us? If there are currently no tenants there, can we request a walk-thru, even though our lease is expired? From what I understand, he has to make the claims for damages and repairs within the 14 days of our request for our refund. However, I keep reading about cases where landlords sue tenants months, and even years, down the road. Just want to do this right. AZ is notorious for not supporting the little guy. Thanks again for your help.

 

[rlgiackino]

Is there a website or anything where I can find what the AZ laws are concerning the time limit? We're gonna be out of AZ in 6 months (thank God) and really don't want to come back to deal with this.

 

[Banned_Princess]

Is there a website or anything where I can find what the AZ laws are concerning the time limit? We're gonna be out of AZ in 6 months (thank God) and really don't want to come back to deal with this.

http://www.supreme.state.az.us/info/brochures/landlord.htm

 

[rlgiackino]

Thanks. I was just looking at that when you responded. I cant find anything (at least that I can understand) that addresses the issue of how long they have to claim damages. Is it possible there is no time limit, and they could do it ten years from now? Hopefully legal aid should be able to answer that. Thank you so much for the help, wish I could return the favor. Guess my advice is if you're under 65 and not mormon, DON'T move to Arizona! Been here almost two years now and its by far the worst state I've ever lived in (sorry native Arizonians, but its true).

 

[Gail in Georgia]

Quite frankly, if you file a lawsuit against them, they are likely to file one against you because, quite honestly, they have nothing to lose by doing so.

Both lawsuits will be heard on the same day.

If you let this go, it is unlikely they will file against you for further damages.

Gail

 

[Banned_Princess]

If you let this go, it is unlikely they will file against you for further damages.

Gail

LOL, and it will only cost the loss of your security deposit.

No pain, no gain.

 

[eridon2002]

He claimed carpet needs replacing, even though we paid a $100 non-refundable deposit to be used for cleaning the carpets because we had dogs. He also stated it needs repainting because it smells like cigarettes, even though there is nothing in our lease about it being a non-smoking house.

If the dogs made stains/urinated, etc on the carpet then carpet cleaning will not be sufficient. He may need to replace carpet and pads. Doesn't matter if it didn't say non-smoking house in the lease. If there was damaged caused by smoking(yellow walls, smell) then you are responsible.

 

[rlgiackino]

If the dogs made stains/urinated, etc on the carpet then carpet cleaning will not be sufficient. He may need to replace carpet and pads. Doesn't matter if it didn't say non-smoking house in the lease. If there was damaged caused by smoking(yellow walls, smell) then you are responsible.

Very possible the carpet needs replacing, but it was also an older carpet. Shouldn't we be charged for the actual value of the carpet, not the total cost of installing a new carpet? And wouldn't he prove that he has installed new carpet? We lived there for a year and there was no visual damage from smoking. We cleaned very well, assuming we were gonna have trouble with this landlord. The house owners son came to check out the house and he did a brief informal walkthrough and said he saw no reason why wouldnt get most of the deposit back. And how do you prove a smell in court? If the owners son didn't notice a smell, how does the landlord? The repair for this would be painting the house, so he would have to prove that he has done that as well, correct?