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  1. #1
    Join Date
    Sep 2012
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    Arizona
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    6

    Default How Much Time Do I Have to File Complaint Against Former Landlord

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

    I need to know how much time I have to file the following charges. I am in the process of moving with my elderly Alzheimer's mother across country; my landlord knew this and the difficulty I would have responding to her fraud quickly.

    I need to file a complaint against her for: (1) withholding complete security deposit ($3400) for damages I reported and documented at move-in and after being cleared by realtor during end-of-lease walk-through, and (2) keeping utilities in my name after reporting to me in writing that she had put them in hers. I discovered she lied when I kept receiving bills, and utility companies denied she contacted them, despite her documented statement to me. I was eventually able to close all accounts, but not after paying several hundred dollars in utility charges for her utility use. (3) fraudulent and defamatory statements in withholding the deposit, as she KNEW based on move-in documentation that the damages she charged me for were pre-existing, and (4) scamming my mother, taking advantage of her fragile state.

    The landlord is in the midst of litigation with her wealthy ex-boyfriend with whom she used to live (he is suing her for absconding with his property); she verbalized to me and our neighbors how desperate she is for money. (She is unemployed and no longer supported by her wealthy ex.)

    Please, I need to know how much time I have to seek justice.

  2. #2
    Join Date
    Dec 2012
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    1,026

    Default Re: >>> How Much Time Do I Have to File Complaint Against Former Landlord

    One would think you would want to do this before you moved across the country with your mother since the case would need to be heard in the district where these issues took place.

    However, if your landlord is unemployed and broke, how do your propose seeing any of this money even if you win your case? Sadly, winning a judgement does not guarantee you will ever see a penny of your judgement since a court only grants a judgement and nothing more. This is something one needs to consider before taking the time and trouble to sue someone.

    Gail

  3. #3
    Join Date
    Sep 2012
    Location
    Arizona
    Posts
    6

    Default Re: >>> How Much Time Do I Have to File Complaint Against Former Landlord

    Thank you for your comments.

    1. I was already half way across the country when I learned of her actions.
    2. She owns the home I rented from her, worth at least 500k. She also has a car (BMW), abundant furniture and furs, and now that she doesn't have a wealthy benefactor, she will need to find employment. ( I should have said she is not liquid. She does have ample assets.)

    I appreciate your reminding me of the difficulties in taking such action. I have decided that her defrauding the elderly like this is worth an answer, even with some difficulty.

    With regard to my question: any thoughts on how much time I have to take action?

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: >>> How Much Time Do I Have to File Complaint Against Former Landlord

    If, by "filing charges" you mean criminal charges, that's not gonna happen. The police aren't going to get involved in a landlord tenant civil dispute.

    But if you mean filing a lawsuit, it's a contract issue, and you have 6 years for a written contract (lease) and 3 years for an oral contract (if you were just month to month).

    Read the AZ Security Deposit Law:

    http://www.azleg.state.az.us/FormatD...33&DocType=ARS

    If she violated it you can sue her in justice court.

    Unfortunately, the longer you wait to sue, the staler your case gets and the more difficult it is to prove.

  5. #5
    Join Date
    Sep 2012
    Location
    Arizona
    Posts
    6

    Default Re: >>> How Much Time Do I Have to File Complaint Against Former Landlord

    Thank you adjusterjack, for answering my question. I had read 33-1321 but hadn't found my answer there (or elsewhere in my search), so REALLY appreciate your direct and simple response. I appreciate the reminder about the case getting stale. Just need to get settled in our new place before moving forward with action, so am looking at a delay of weeks, not months or years. Am very relieved to have that time.

    THANK YOU, again.

  6. #6
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: >>> How Much Time Do I Have to File Complaint Against Former Landlord

    While most of these types of lawsuits are heard in Small Claims court, Arizona limits the amount of claims in this court to $2500 or less. Thus, you will need to file in Civil Court for this higher amount.

    The attached may help (you can highlight information on Civil Court on the left):

    http://justicecourts.maricopa.gov/Ca...allclaims.aspx

    Gail

  7. #7
    Join Date
    Sep 2012
    Location
    Arizona
    Posts
    6

    Default Re: >>> How Much Time Do I Have to File Complaint Against Former Landlord

    Gail, the information in this link is very helpful, perfect for my planning needs (have bookmarked it!), thank you for tracking it down and sharing it with me.

    (PS I didn't want to burden my initial query with this detail, but as a note of warning to fellow trusting souls out there: this woman also took advantage of us by taking a great deal of the furniture we had in the garage for the moving truck's arrival. I was an idiot and felt sorry for her and was concerned if I refused that she would hold it against us [by not returning our security deposit!]. So I let her take the stuff despite my discomfort -- she visited often weeping over the death of her daughter 5 years ago and tugging at our heart strings. Imagine my shock after her taking so much when I discovered she also pocketed our ample security deposit and kept us paying her utility expenses. The warning; don't let pity blind you to possible ulterior motives; protect yourself even if you feel awkward doing so. Just because someone has a sad story doesn't mean they won't scam you -- in fact that's a very common path scammers take. [She also wanted to move in with us, and take care of my mother alone under the auspices of giving me a respite break. Thankfully for the sake of my mother these last two things I didn't allow.]

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