<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by joninaz:
my landlord in AZ kicked us out because he said a month and a half rent wasnt paid. We left like he asked. He never filied any papers with the court evicting us. Now he says we owe 1700$ The money owed for rent due was about 1000$ the security deposit was 650$. I know the rent was paid but its our word aganst his. Can he do anything since we were asked to leave and not evicted?,The lease ended 2 weeks after we left. I think
15$ for 2 9volt batteries for smoke detectors is crazy. Thats part of the 1700 he says we owe.<HR></BLOCKQUOTE>
Your landlord can file legal action for collection of the monies due and owing to him including rent ( up to the end of the lease agreement and not when you moved out), late fees and repair/cleaning costs. He will not need to file eviction since you have already moved out. He should not file a claim for the security deposit if you did not pay any because there is no deposit needed since you are not a tenant anymore. If you paid a security deposit, he needs to notify you within the prescribed statutory period of the disposition. With respect to the rental payment, it should not be a case of your word against his. You should have actual evidence of proof of payment via a cash receipt or cancelled check. If you can not provide documentation of payment made, then you will lose and the landlord will win on this issue.
As for the charges, he can not charge you for ordinary wear and tear. You are not responsible for smoke detector batteries as this appliance is considered part of the landlords property. That is unless you took the batteries out and used it for your transitor radio. In which case you have a counterclaim because the cost of the batteries were excessive (unless it is the new long life lithium type that will last for several years or gold-plated) and that you agree to pay a reasonable amount say at the WalMart retail price.
