Security Deposit/Itemized Statement...PLEASE HELP!

[millertime8]

I live in Arizona.

I recently moved out of my apartment, and my landlord is withholding the security deposit and charging me for damages (some I agree with, some I don't) to the unit.

My question is this...according to Arizona Law, the landlord has 14 days from the move-out date to provide either the security deposit or an itemized statement of charges to the tenant. Our landlord took longer than 14 days, and if I read the law correctly that means we are entitled to wrongfully held security deposit ($1800 in this case) plus twice the amount wrongfully withheld ($3600), for a total of $5400 in this case.

However, I also understand that we are still liable for the damages that our landlord has brought against us.

Are these two things mutually exclusive? Are we entitled to the money AND we have to pay the damages, or does the 14-day law not apply since we have damages to pay.

I would love to settle out of court (obviously), but I need some advice on how to write the landlord. Here are the essential numbers:

Security Deposit: $1800
Total Damages Charged Against Us: $6177.18
Our Move Out Date: 7/17
Date Itemized Statement was sent to us: 8/21

Thank you in advance!!

 

[ecmst12]

How much damage do you agree that you caused?

 

[Gail in Georgia]

You are correct that in Arizona your landlord has 14 days after you deliver possession of your rental to either return your security deposit in full or deliver to you an itemized written notice of the damages to which the deposit has been applied (along with any remaining amount of the security deposit).

You are also correct that if your landlord fails to meet these requirements, you can file a lawsuit to recover the amount of the deposit wrongfully withheld plus twice the amount wrongfully withheld.

You can begin this process by writing a letter explaining that you are aware of your rights under Arizona's landlord tenant laws and demand the return of your security deposit (or the portion to which your are entitled) within a specified time period. Let them know that if your deposit is not returned within this time period you are prepared to file suit against them.

The only way you get twice this amount back is if you proceed with the lawsuit and the court awards you this amount.

Your landlord also has the right to file against you for the cost of repairs and damages.

If you do proceed with the lawsuit, you can do this in Small Claims Court. Your landlord cannot use this particular court in his/her lawsuit as Arizona small claims has a $2500 limit.

Gail

 

[ecmst12]

That just means the landlord will have it removed to regular court so he can counter sue. Besides, she wants to sue for $5400 which is over the limit anyway.

 

[millertime8]

Thanks for the help so far. I think that my roomates and I would agree to damages totaling $3,229. The major charge we do not agree to is the carpet replacement (about $2,500). Our lease states that upon moving out, we were to have the carpet steam-cleaned. The lease also says if we did not have the unit steam-cleaned (which we didn't), they would clean it for us and deduct the total from our security deposit. However, upon moving out, rather than have the unit steam-cleaned and charging us for the cleaning, they re-carpeted the ENTIRE place.

Also, we lived in the unit for 3 years (there were 4 of us living in the unit). Even if the high-traffic areas needed carpet replacement, wouldn't this fall under "normal wear and tear?"

Basically, I just need some direction on where to go from here, hopefully with an alternative to forking over the entire amount.

Again, thanks for all of your help.

 

[tdelker]

Write him a check for what you agree you owe and no more (minus the security deposit he already has).

Write him a letter, explaining that you agree this xxx damages, but disagree with yyy. Also let him know in as nice a way possible that he returned the itemization late, and that if he chooses to take you to court, you will counter sue for the deposit you paid plus 2x for based on the following Arizona law:

Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of all rent, and subject to a landlord's duty to mitigate, all charges as specified in the signed lease agreement, or as provided in this chapter, including the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with section 33-1341. Within fourteen days, excluding Saturdays, Sundays or other legal holidays, after termination of the tenancy and delivery of possession and demand by the tenant the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant, if any. Unless other arrangements are made in writing by the tenant, the landlord shall mail the itemized list and any amount due, by first class mail, to the tenant's last known place of residence.

E. 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.

Note the part I bolded. I'm not sure how to interpret this, but it seems to mean that you need to ASK for the itemized list/SD to start the 14 day clock. So it might be an empty bluff, but it will keep him thinking. And you've done the right thing by paying him for those damages you acknowledge.

Note this part of the law where he does have the right to get the damages out of you:

F. This section does not preclude the landlord or tenant from recovering other damages to which the landlord or tenant may be entitled under this chapter.

That's what I'd do...

Link: http://www.azsos.gov/public_services/Publications/Residential_Landlord_Tenant_Act/#1321