Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Ms.. I have a problem with my former landlord who will not…

Customer Question
Hello Ms. Wilson. I...

Hello Ms. Wilson. I have a problem with my former landlord who will not return my deposit after I did not renew my lease. I did everything i was supposed to do according to the lease agreement. On the day that i turned in the keys, mail box and apartment, I was ready to do a walk through inspection with someone from the office or the manager. I was told by a young lady who worked in the office, who has been transfer to a different office, that it's ok I don't have to do a inspection walk through.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Arizona

Lawyer's Assistant: Has anything been filed or reported?

Not yet. I spoke to the manager today about why is it taking so long to get my deposit. It has been two months and according to ARS 33-1321 deposits should be returned in 14 days. The manager said that I will not get my refund because some damages were found. So i will not get my $299 back. However i was not there to see the damages she was referring to. When i left the apartment it was clean and no visible damages were there. I have lived there for 7 years and always paid my rent a few days early. For 2 months I did not hear from the manager about a problem. I found out that I will not get my deposit only because I went to speak to her today about why it is taking so long.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Customer:***@******.***

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What are the chances I will win a judgement in small claims court. All I am asking for is the $299 that by lease agreement I should get.

Submitted: 8 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 5 minutes by:
9/30/2017
Lawyer: RobertJDFL, Attorney replied 8 months ago
RobertJDFL
RobertJDFL, Attorney
Category: Landlord-Tenant
Satisfied Customers: 14,859
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Ask Your Own Landlord-Tenant Question
Lawyer: RobertJDFL, Attorney replied 8 months ago

Good evening,

I would say your chances are very good, because per Arizona law, if within 14 days of moving out a landlord does not return the security deposit or provide you with a list of deductions from the deposit, the landlord waives right to collect it, and you are entitled to not only the deposit, but also two times the amount in damages. Here is the statute:

33-1321. Security deposits

A. A landlord shall not demand or receive security, however denominated, including, but not limited to, prepaid rent in an amount or value in excess of one and one-half month's rent. This subsection does not prohibit a tenant from voluntarily paying more than one and one-half month's rent in advance.

B. The purpose of all nonrefundable fees or deposits shall be stated in writing by the landlord. Any fee or deposit not designated as nonrefundable shall be refundable.

C. With respect to tenants who first occupy the premises or enter into a new written rental agreement after January 1, 1996, upon move in a landlord shall furnish the tenant with a signed copy of the lease, a move-in form for specifying any existing damages to the dwelling unit and written notification to the tenant that the tenant may be present at the move-out inspection. Upon request by the tenant, the landlord shall notify the tenant when the landlord's move-out inspection will occur. If the tenant is being evicted for a material and irreparable breach and the landlord has reasonable cause to fear violence or intimidation on the part of the tenant, the landlord has no obligation to conduct a joint move-out inspection with the tenant.

D. Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of all rent, and subject to a landlord's duty to mitigate, all charges as specified in the signed lease agreement, or as provided in this chapter, including the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with section 33-1341. Within fourteen days, excluding Saturdays, Sundays or other legal holidays, after termination of the tenancy and delivery of possession and demand by the tenant the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant, if any. Unless other arrangements are made in writing by the tenant, the landlord shall mail the itemized list and any amount due, by first class mail, to the tenant's last known place of residence.

E. If the landlord fails to comply with subsection D of this section the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld.

F. This section does not preclude the landlord or tenant from recovering other damages to which the landlord or tenant may be entitled under this chapter.

G. During the term of tenancy the landlord may use refundable security deposits or other refundable deposits in accordance with any applicable provisions of the property management agreement. At the end of tenancy, all refundable deposits shall be refunded to the tenant pursuant to this section.

H. The holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section.

Ask Your Own Landlord-Tenant Question
Lawyer: RobertJDFL, Attorney replied 8 months ago

This article from NOLO provides information on first trying to send a demand letter to the landlord to get them to return the security deposit and filing a case in small claims court. You may find it helpful.

Ask Your Own Landlord-Tenant Question
Lawyer: RobertJDFL, Attorney replied 8 months ago

If you require any additional information or clarification, please REPLY WITHOUT RATING and I'm happy to help you further. Otherwise, kindly remember to click on the stars at the top of the page to leave me a positive rating as experts are only compensated for our time and efforts once you do so. Thank you.

Ask Your Own Landlord-Tenant Question
Was this answer helpful?
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Attorney
Category: Landlord-Tenant
Satisfied Customers: 14,859
14,859 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I am renting in Alabama. I had a lease of one year however I
I am renting in Alabama. I had a lease of one year however I am month to month. I gave a 30 day notice but my closing date on the purchase was moved a few days. The property manager stated I could sta… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I can not find another place ive applied and got denied and
I can not find another place ive applied and got denied and the land lord of the new apartment said it was something she put on the questionnaire regarding me as a tenant such did I pay my rent on tim… read more
RobertJDFL
RobertJDFL
Attorney
14,859 satisfied customers
I received a notification from my landlord that the home I
I received a notification from my landlord that the home I am renting is being condemned for living conditions. I rent in Colorado Springs, CO and rent from a family member with no written agreements.… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
Can landlord raise my rent if doctor orders that I have a
can landlord raise my rent if doctor orders that I have a roommate in a Los Angeles rent control apartment … read more
socrateaser
socrateaser
1,031 satisfied customers
Is there any limit to how much and how often a landlord can
Is there any limit to how much and how often a landlord can raise the rent in a month to month tenancy in San Joaquin County per year? … read more
Bill Attorney
Bill Attorney
law
2,281 satisfied customers
I am about to renew and sign a standard lease agreement. I'd
Hello,I am about to renew and sign a standard lease agreement. I'd like the lawyer to review the agreement and confirm if all OK. I do trust the landlord and we've done business for years without any … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
I live in Colorado Springs, CO and my family rents from
I live in Colorado Springs, CO and my family rents from another family member. He had a 3 bedroom home and wanted to downsize so we rented for the mortgage price. There was no written rental agreement… read more
RobertJDFL
RobertJDFL
Attorney
14,859 satisfied customers
We are renting a property in Maui, we have been here for 2
Hi we are renting a property in Maui, we have been here for 2 years, we rented the property full furnished, our year lease was out but we have kept it on a rolling contract, the landlord now is sellin… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,603 satisfied customers
I live in Las Vegas Nevada and I moved into my apartment on
I live in Las Vegas Nevada and I moved into my apartment on Nov 1st 2017 but in February 2018 I became ill and had to transfer to a downstairs unit. It took the leasing company almost 3 months to appr… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I moved out of a rental paid 1800 deposit I received half
I moved out of a rental paid 1800 deposit I received half back. The landlord kept half stated there was damage in the ceiling from the washer which was provided by him and the contractor he hired said… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,368 satisfied customers
We just purchased a home and the previous owner, the sellers
We just purchased a home and the previous owner, the sellers agent and the renter all told us that there was a section 8 voucher in place. We didn't find out until after closing that there was not a v… read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
We are in escrow on our rental property. I don't know
We are in escrow on our rental property. I don't know anything about real estate or the escrow process and the contract. I have concerns about numbers changing and inconsistencies. Can you review the … read more
Ray
Ray
Lawyer
Doctoral Degree
32,653 satisfied customers
I live in Oregon, and I served my tenant with a 24 hour
Hello,I live in Oregon, and I served my tenant with a 24 hour eviction notice for fraudulently opening credit cards in my name with my SSN. He left furniture on the back porch and wants to come pick i… read more
Lori
Lori
Juris Doctor
1,375 satisfied customers
If WE PAID first and last months rent can the landlord
if WE PAID first and last months rent can the landlord charge a late fee when we move … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,368 satisfied customers
I have a sister who moved into a home that own without my
I have a sister who moved into a home that own without my knowledge, she was evicted for nonpayment the first time around. I recently found out she back living in the home. How can I have her removed.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,368 satisfied customers
If a family has been renting a house for 10 years and doesnt
If a family has been renting a house for 10 years and doesnt have a new updated contract and the landlord is selling the house. The tenants have been asking for a new contract but the landlord keeps d… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can my landlord not renew my lease because i called mlgw to
Can my landlord not renew my lease because i called mlgw to come and check my stove for leaking gas. And it was an (offset) meaning when you light one bunner and another bunner that is not on fire and… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,368 satisfied customers
I just had an issue with my landlord my landlord try to
Hi I just had an issue with my landlord my landlord try to evict me for non-payment of two months of rent on the 25th day that I moved in he tried to wrongfully evict me with a lawyer and had me serve… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,603 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x