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Security deposit issue - Considering court action

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Feelingcheated

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

Hello all, I'm really hoping to find some help regarding my security deposit issue and the possibility of using the courts to recover it…

Here’s a summary... albeit kinda long...

I rented a room in a home that the owner used as a rental property for years. When I moved in there were 2 other roommates already there.

• Found that the a/c was terrible in the room (over 85 constantly) which was not disclosed to me…
• A pipe burst and there was no hot water for about 10 days.

I then gave notice and the homeowner agreed to break the lease, but then the homeowner suggested I switch rooms with another roommate, which I did, and here are the problems I had over the next year plus…

• Active leaks in second room for over a year until it was "patched", and prior tenant says leak was there at least 2 years before that.
• No A/C in second room for 22 days during August 2016, in Phoenix, AZ (temps over 100) until A/C unit was replaced
• Repeated visits from homeowner and their friends staying overnight with NO prior notice (at least 4 separate incidents)
• Deposit money not put into a separate “escrow” account according to lease agreement.

Recently the homeowner said they were looking at selling the house so I gave notice and moved out. Now after the 14 business day requirement of providing an itemized list to me of any deductions past they are trying to charge me $500 for cleaning a chimney, paint, and cleaning the room more then what I already did. The reason there is a chimney is because I was actually renting a living room being used as a bedroom.

I left the room cleaner then when I moved into it and NO walk through/checklist was done prior to or after me leaving either room.

I also found AZ state law #33-1321 regarding deposits, which states “If the landlord fails to comply with subsection D of this section the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld”.

Through researching this homeowner I found that they also haven’t filed the property as a rental property, so there's that and possibly other law violations...

Thank you all for taking the time, any info or direction you could provide would be greatly appreciated!
 


adjusterjack

Senior Member
I was a landlord in Phoenix for 20 years. I'll tell you how this will play out.

All of the terrible things that happened in the past mean nothing now because you had legal remedies WHEN they were happening. You didn't avail yourself of those remedies and now that you have moved out they aren't worth a nickel to you.

That the home is not registered as a rental is also not worth a nickel to you. Feel free to notify the county assessor and tax agency if it will give you some satisfaction.

The only thing you have for a cause of action is possibly non-compliance with the security deposit statute if you can prove that the charges are bogus.

http://law.justia.com/codes/arizona/2016/title-33/section-33-1321/

Small claims court is cheap and informal. I don't see where you have much to lose by suing the landlord.
 

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