My question involves a security deposit in the State of: ARIZONA
So, my friend asked me if I wanted to move in with him and two other guys in a 4 bedroom house. I agreed, however, I did not want to sign the year lease because I will be moving in six months or so.
In lieu of signing the lease I agreed to loan my friend money for his security deposit and pay for my quarter of the deposit as well. My friend and the two other guys were dealing with the lease stuff and so I gave my friend a check for my portion of the security deposit plus what I loaned him for his. The check clearly stated “Security Deposit” at the bottom of the check.
The Asset Management that we are renting from told us we needed to put the security deposit down so they know we are serious. So my friend used to check I gave him for the security deposit.
When my friends went in to sign the lease they were told they needed a parent to undersign their individual leases, this was not explicitly told to them beforehand. Some of their parents refused and so after another day or so it was worked out that they would not need the parental signatures. One of the roommates abruptly decided he could not afford the place and bailed out.
Now, the whole thing has gone sour and I just want my money back, however the asset management group is telling me that I am not entitled to it and that I need to get money from my friend.
I understand their position; they got screwed out of their time. They claim my friend signed something that the security deposit was not refundable, however, I think this is wrong because:
I. In Arizona a security deposit is by definition absolutely refundable unless there is damage, etc.
a. A holding fee is not, however the check was clearly marked as a security deposit and not deposited under protest
II. It is a check under my name alone, can my friend really make such a decision on my behalf?
Also, I never signed anything at all other than the check.
Thank you for taking your time to read this. Any suggestions would be great.