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  1. #1
    Join Date
    Dec 2014
    Posts
    1

    Default Security Deposit Returned During Litigation Between Landlord and Former Tenant

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

    Hello I am very confused as to what my next step is ......

    My back story I moved out of my rental residence in May of 2014. I dropped the keys off to the landlord and she stated that she would get back to me in a few days with my security deposit. I texted her 5 days after we moved and she didn't reply until the next day stating that she was on vacation and wouldn't be back for a few days and said she will have my total later (which I seen her in the local walmart later that day she avoided me). 3 weeks later I haven't heard anything back so my husband texted her and nothing. I was in the military at the time and they told me to just file a lawsuit but I was going to be accepting orders (DD214) to leave in a few months. So I figured there had to of been another option. So we decided to see a laywer out in town who told us to write a demand letter and we did. 45 Days after we moved from the residence she then texted us at 3 am saying she had our security deposit and we can come and get it whenever. We notified her that we sought legal advice which we had to pay $150 and she was past her 14 days to return our security deposit without any consequences. We were willing to drop everything if she would remburse us for the $150 and she said it was not her obligation to pay for our legal fees and it was our fault since we didn't pick up our security deposit in the 2 weeks since we moved. And she was coming up with every excuse to not give us reciepts for the deductions. finally after another 2 weeks she gave us the reciepts she charged us for items that were never on the final walk through. And her new tenants moved into the residence the day after we moved out. So we filed a lawsuit and she countered sued for a ridiculous amount we both did our answer statements and I turned in the disclosure statement requesting for a court hearing. Meanwhile 3 weeks after I requested the court hearing she sent me a certified mail that I had to sign for and enclosed in the envelope was a cashiers check with our security deposit and nothing else.

    I am not going to cash the check... it just made me angry that she is trying to weasle out of this issue that was her problem to begin with. She made no attempt to make contact with us after we moved. So do I notify the courts that she mailed me a check before the court date and that I clearly did not settle this outside of court. Is there any law that she clearly violated by mailing me a check? How would you handle this situation? Or what can I do??

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Security Deposit Returned During Litigation Between Landlord and Former Tenant

    The amount of the check is less than the amount of your monetary damages.

    As long as you don't cash the check you are not done with her.

    If you haven't studied the AZ security deposit statute, study it now:

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

    She failed to comply with the statute and you have the right to claim double the amount of the deposit in addition to the amount of the deposit, plus your court costs and process service fees but not your attorney fees. You would not be entitled to attorney fees unless your lease had a bilateral attorney fee provision.

    The statute requires that she mail you the itemization and refund. It doesn't require you to go pick it up.

    I live in Phoenix and was a landlord for 20 years. I think your landlady was pretty foolish in not handling the security deposit according to the statute.

    I suggest you just attend the hearing (with the check) and explain everything just as you explained it here.

    However, if you only sued for the deposit amount, I suggest that the first thing you do at the hearing is make a motion to amend your complaint to the amount of the deposit plus the double damages allowed for by the statute.

    There's a possibility that she might not show up if she thinks mailing you the check gets her off the hook. If she doesn't show up, ask for a default judgment after your motion for the amended complaint is heard.

    Feel free to come back to this thread if you have any more questions or want to report on the results of the hearing.

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