My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.
First, Arizona law requires that a landlord send the itemization of the security deposit damages to the tenant via first-class mail, to the last known address. Ariz. Rev. Stat., Section 33-1321
(D). When the tenant does not leave a forwarding address, the notice goes to the rental premises, to see if it is forwarded - and if it's returned, the landlord has proof. If the damages list was only sent via email, unfortunately, the fact that he lied is not relevant to the outcome. The deposit notice can only be emailed if the tenant agrees, in writing, to receive it that way. You do have the option of filing a Motion to Vacate Judgment based on newly discovered evidence or fraud on the court
, but I want you to understand why that may not ultimately mean that you'll win the case. Here is the form:
With that said, perjury is a Class 4 felony. Ariz. Rev. Stat., Section 13-2702
. Your option here is to report him to the D.A. in the county where the case was heard. They have discretion to decide whether to proceed with a case against him. The penalties depend in large part on a person's criminal record
and the facts surrounding the case, but the maximum penalty is 15 years. If he has no criminal record, then the maximum is 3.75 years. The minimum sentence
is a year and a half.
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