Small Claims

[rlgiackino]

Arizona. Question about small claims court. Landlord did not return security deposit or itemized list. AZ landlord tenant act states "tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld." Deposit was $800. So we can sue for $2400, or $1600? If he counter-sues and provides evidence of damages, how does that effect this total? If he were to prove $800 in damages, is it a wash and we get nothing, or would the 800 be subtracted from the total we were initially rewarded? Just not sure how the process works. Thanks for all the help.

 

[Cvillecpm]

Most of these statutes are contingent upon tenant leaving a valid forwarding address.

If you sue, expect a counter suit if you did not provide your forwarding address.

 

[JETX]

Arizona. Question about small claims court. Landlord did not return security deposit or itemized list.

First thing you need to do is to IGNORE 'C-Pill'. She is clearly NOT an attorney and has NO legal education or experience.. as proven by the her 'advice' being totally NOT relevant to your post and her previous admission that she relies on 'Nolo Press' for her 'knowledge'.

Her ignorance is also showing in her 'advice' since Arizona does NOT require a tenant address notice.

AZ landlord tenant act states "tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld." Deposit was $800. So we can sue for $2400, or $1600?

You sue for $800, PLUS damages of $1600.

If he counter-sues and provides evidence of damages, how does that effect this total?

Some state laws provide that the landlord forfeits claims to damages for failing to comply with accounting requirements. It appears that Arizona is NOT one of those states. Any proven claims of damages by the landlord would be deducted from any award to the plaintiff (tenant).

 

[rlgiackino]

I've learned not to take Cville's advice already. So just to get this straight. We sue him for $2400. He counter-sues and proves, lets says $600 in damages. We will then be awarded $1800? Or will the 600 be subtracted from the 800, leaving 200, then times 3 (as stated in the LL tenant act) leaving us $600? Just want to make sure this is worth the time and effort. We already know he refused our certified mail demand for our refund or itemized list, so we're pretty sure we will win the initial suit. Thanks again.

 

[aabbcc]

He counter-sues and proves, lets says $600 in damages.

If $600 in damages were proven, then $600 was not wrongfully withheld. So that leaves only $200 on the table that could be subject to twice the amount wrongfully withheld.

Of course, you should wait for JETX, because I'm not an attorney.

 

[Who's Liable?]

We already know he refused our certified mail demand for our refund or itemized list, so we're pretty sure we will win the initial suit. Thanks again.

That's good news for you! AZ deems a letter "delivered" and the recipient knowledgable of the contents regardless of acceptance on the 5th day after it was delivered!

If the letter is returned, DO NOT OPEN IT, as it is evidence of your attempt to notify the LL. Give it to the judge.

AZ is a very friendly LL state so you need to make sure you follow the proper steps to recover...

 

[JETX]

I've learned not to take Cville's advice already. So just to get this straight. We sue him for $2400. He counter-sues and proves, lets says $600 in damages. We will then be awarded $1800? Or will the 600 be subtracted from the 800, leaving 200, then times 3 (as stated in the LL tenant act) leaving us $600? Just want to make sure this is worth the time and effort. We already know he refused our certified mail demand for our refund or itemized list, so we're pretty sure we will win the initial suit.

No one can GUESS the answers to your question. In theory, the damage award (double deposit) SHOULD be awarded but it is entirely up to the discretion of the court. It is possible that the court would award the deposit amount ($800) only to be offset by provable damages. And just as possible that the court could award the $800 plus UP TO $1600 in damages (or anything less) to be offset by provable damages.
I have seen courts go all ways... no damages, max damages and anywhere in between.