Security Deposit

[rlgiackino]

I terminated a lease on 10/31/09 and have not received my security deposit refund or any documents as to why I have not gotten it. I finally got hold of the owner of the house and he said we were not entitled to any of the refund due to damages from our dogs. I'm in Arizona, and I believe the law here requires the refund and deduction list within 14 days of moving out. Its now been over a month, and when we finally got ahold of the owner, he was very rude and downright mean. What actions can I take? I just found this out tonight and I think I will call AZ housing dept, but otherwise I don't know what to do. If there was a violation of the lease while I lived there, would that be a factor in this matter? Who should I contact and what should I do. The house owner claimed he can do whatever he wants, so I'd like to show him he has to follow the laws and take him to court if necessary. Any help would be appreciated.

 

[Banned_Princess]

I terminated a lease on 10/31/09 and have not received my security deposit refund or any documents as to why I have not gotten it. I finally got hold of the owner of the house and he said we were not entitled to any of the refund due to damages from our dogs. I'm in Arizona, and I believe the law here requires the refund and deduction list within 14 days of moving out. Its now been over a month, and when we finally got ahold of the owner, he was very rude and downright mean. What actions can I take? I just found this out tonight and I think I will call AZ housing dept, but otherwise I don't know what to do. If there was a violation of the lease while I lived there, would that be a factor in this matter? Who should I contact and what should I do. The house owner claimed he can do whatever he wants, so I'd like to show him he has to follow the laws and take him to court if necessary. Any help would be appreciated.

Sue him. in the civil court of his residence. for the whole deposit. x 2 ...Write to him in a certified letter that you demand itemized list of what the security was used to fix, as well as the ammount used to fix it, or your entire security deposit back, in the next 10 days, or you will file suit for twice the deposit.Give him 10 more days. then sue him, incluse the court costs in the complaint... Please see below.

AFTER YOU MOVE OUT
Under Arizona law, your landlord has 14 days after you deliver possession of the premises and make demand to do one of two things:
•1) return your security deposit in full; or
•2) deliver to you an itemized written notice of the damages or unpaid rent to which the deposit has been applied, along with any remaining amount of the security deposit.

If the landlord does not comply with these requirements, you may file a lawsuit in Small Claims Court and recover the amount of the deposit wrongfully withheld plus twice the amount wrongfully withheld.
(Please be aware, however, that if you have caused damage to the premises, or have not paid all the rent due, the landlord can still hold you responsible by filing a countersuit against you for the cost of repairs, unpaid rent and other damages.)
If you have not received your security deposit or an itemized explanation of the items to which it has been applied, within 14 days, write the landlord a letter. In the letter explain 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 you are entitled) within a specified period of time. Let the landlord know that if your deposit is not returned within that time, you are prepared to file suit in Small Claims Court to enforce your rights.

http://legal.asua.arizona.edu/SEC_DPST.html

 

[Gail in Georgia]

How much security deposit money are we talking about here?

Please be aware that while you can sue for not receiving information regarding your security deposit, your former landlord/management can also sue for damages from your dogs.

With both parties suing, sometimes the judgements end up being a "wash out" for both parties involved.

Gail