Landlord keeping security deposit due to fire

[TeachingPezz]

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

hello, I have a question about wether to take my landlord to small claims court over my security deposit. Here is the story: On Dec. 5th, there was a fire in the unit 2 doors down from ours. The smoke was so bad it completely envoloped our unit. Smoke was so thick you could not see your hand in front of your face. We were forced to move out. We went back a bit later to get our belongings out and asked the landlord to contact us when he knew what he was going to do with the place (knock it down, rebuild, clean etc) he never contacted us. So, I went by to ask for the deposit back and he brought me into the unit and said "Look at this mess! You didnt even try to clean before moving out." I told him we were not cleaning up after the fire. We were not responsible for the soot all over the walls and ceiling and floor ond countertops. It was eveywhere. I have pictures to prove the smoke damage. You can see where our rugs were, there are bright white spots where the rugs were and all around them was darker. I cleaned up the toilet, oven and made sure we left no trash in the place. THe landlord claims we needed to clean as if we were moving out regularly. The only problem is, there was a fire. Who is responsible for cleaning up the soot? Walls? Carpet? Floor? Etc? He claims we are so he is with-holding our security deposit. It has been 6 months since the fire and still no word. I sent him a certified letter demanding the security deposit. He "refused" the letter. Oh, he also never sent us an itemized list of expenses to verify the use of the 600$ security deposit.
Should I take him to court? Is he wrong for withholding the deposit? Do I have a legitimate claim since he broke many laws regarding security deposits.

He is a cop, which makes me wonder if I have a chance!

Thank you very much in advance!!

 

[Banned_Princess]

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

hello, I have a question about wether to take my landlord to small claims court over my security deposit. Here is the story: On Dec. 5th, there was a fire in the unit 2 doors down from ours. The smoke was so bad it completely envoloped our unit. Smoke was so thick you could not see your hand in front of your face. We were forced to move out. We went back a bit later to get our belongings out and asked the landlord to contact us when he knew what he was going to do with the place (knock it down, rebuild, clean etc) he never contacted us. So, I went by to ask for the deposit back and he brought me into the unit and said "Look at this mess! You didnt even try to clean before moving out." I told him we were not cleaning up after the fire. We were not responsible for the soot all over the walls and ceiling and floor ond countertops. It was eveywhere. I have pictures to prove the smoke damage. You can see where our rugs were, there are bright white spots where the rugs were and all around them was darker. I cleaned up the toilet, oven and made sure we left no trash in the place. THe landlord claims we needed to clean as if we were moving out regularly. The only problem is, there was a fire. Who is responsible for cleaning up the soot? Walls? Carpet? Floor? Etc? He claims we are so he is with-holding our security deposit. It has been 6 months since the fire and still no word. I sent him a certified letter demanding the security deposit. He "refused" the letter. Oh, he also never sent us an itemized list of expenses to verify the use of the 600$ security deposit.
Should I take him to court? Is he wrong for withholding the deposit? Do I have a legitimate claim since he broke many laws regarding security deposits.

He is a cop, which makes me wonder if I have a chance!

Thank you very much in advance!!

I would sue him .

 

[JETX]

Should I take him to court?

Yes.

Is he wrong for withholding the deposit?

Yes.

Do I have a legitimate claim since he broke many laws regarding security deposits.

Yes.

 

[FarmerJ]

Go to your city /county building inspections desk and give them the buildings address and the date of the fire and ask if there are any reports from inspectors that list your unit as heavy smoke damage, If they dont have anything then try the fire dept SOMEONE in one of these governmental agencys must have a record of the fire and unit numbers that suffered damage . Once you have copys of the reports it will be even easier to sue the LL for your deposit refund, since the court would be able to see from your documents the unit had damage that you should not be responsible to clean up. BTW if inspections condemned the building or certain units ask for a copy of that too when your getting your other report copies.

 

[atomizer]

Yes to all questions. I had a similar problem and the insurance paid for a company to come in and clean all the units, and replace doors that the firemen broke. The only tenants that were forced to move was the one that started the fire and one that refuse to allow entry for the replacement of his front door. He wanted it done only when he was at home. In other words, the company was supposed to come back when he got home from work.