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  1. #1
    Join Date
    Jan 2012
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    2

    Default Landlord Terminated Lease Early, Now Refusing to Return Security Deposit

    My question involves landlord-tenant law in the State of: Arizona

    I recently moved out of a property that I had a signed lease agreement through the end of April, 2012. In November, I received a letter from my landlord stating that due to a "personal situation" she needed to take back residency of her town house and wanted to terminate the lease effective January 15, 2012. I understand that legally, I could have told her no and that we had every right to stay in the residence until the end of our lease. I combed over our lease agreement in great detail and there is no early termination clause included other than the standard agreement if I (the lessee) were to terminate the lease early and the penalties I would have to pay if that were the case. I did agree to move out as my fiance and I had already been talking about getting a bigger home to accommodate our needs once we get married. I have now been out of the home for about 10 days and just received a letter from my former landlord that she is keeping my entire security deposit for damages done to the property. I did do a final walk through with the landlord once I moved out and several of the things mentioned in her letter refusing to return the security deposit were not discussed in our lengthy walk-through of the property.

    My question is in two parts. First, I was told that I could have the right to request additional funds from the landlord as payment for the inconvenience of terminating our lease early, for moving expenses, etc.

    Second, what is the best way for me to dispute the claims she has made as reason to not refund the security deposit?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Landlord Terminated Lease Early, Now Refusing to Return Security Deposit

    My question is in two parts. First, I was told that I could have the right to request additional funds from the landlord as payment for the inconvenience of terminating our lease early, for moving expenses, etc.
    sure you could have. It is called negotiation. Since you already moved out, it's too late now.

    Second, what is the best way for me to dispute the claims she has made as reason to not refund the security deposit?
    in writing

  3. #3
    Join Date
    Sep 2005
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    Default Re: Landlord Terminated Lease Early, Now Refusing to Return Security Deposit

    Quote Quoting Genj15
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    I did do a final walk through with the landlord once I moved out and several of the things mentioned in her letter refusing to return the security deposit were not discussed in our lengthy walk-through of the property.
    Which doesn't answer the big question: Are those claims valid, even though they weren't noticed until later. Did you cause the described damage or not?

  4. #4
    Join Date
    Jan 2012
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    2

    Default Re: Landlord Terminated Lease Early, Now Refusing to Return Security Deposit

    No, the claims she made are not valid. Several of the items mentioned in her letter were conditions of the residence when we moved in. All of the items were noted on our move-in checklist that we provided to her so that we could avoid being held liable for the damages that were already in place. Unfortunately, she seems to have forgotten about this and is now trying to hold us accountable for damages done by the prior tenants.

  5. #5
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Landlord Terminated Lease Early, Now Refusing to Return Security Deposit

    Quote Quoting Genj15
    View Post
    No, the claims she made are not valid. Several of the items mentioned in her letter were conditions of the residence when we moved in. All of the items were noted on our move-in checklist that we provided to her so that we could avoid being held liable for the damages that were already in place. Unfortunately, she seems to have forgotten about this and is now trying to hold us accountable for damages done by the prior tenants.
    So show her the checklist that the both of you wrote when you first moved in. Then have her deduct the cost of those repairs. You made her sign that checklist, right?

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