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I got a letter from an attorney on behalf of my tenant that…

Customer Question
Hello! I got a letter...

Hello!
I got a letter from an attorney on behalf of my tenant that I violated ARS 33-1321 (D) for wrongfully withholding the security deposit longer than 14 days after they moved out. I had sent the tenants email and first class mail within a few days after vacancy explaining the extensive damages in an itemized list and estimates for repairs and cleaning, and explained that the exact amounts will be sent to them once all the work is completed which was done 19 business days after they had moved out with all the receipts. The move out inspection was done by the same property manager who did their move in inspection.
Per ARS 33-1321 (D) and "1st class" mail, no proof of delivery is required like certified mail, correct?
Generally, do tenants have a better chance of winning in such cases or landlord?
Would you give me some tips?
Thank you very much for your time!

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 by me but by tenant

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

No i think explained enough in my question :)

Submitted: 10 months ago.Category: Legal
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Answered in 3 minutes by:
9/22/2017
Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,120
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. The answer to your question is no. No proof of delivery is required under ARS 33-1321(D). The law states that first class mail is acceptable. Certified mail is also acceptable as well, but it is not required. Generally, holding the deposit for longer than 14 days is technically a violation, but usually unless they can prove that they suffered some sort of harm, then a judge is not likely to waste the court’s time and resources with a verdict in their favor. Accordingly, because it was only five days, assuming there were no holidays in between, I don’t suspect that you will have to pay anything. You may want to call their bluff or you could try to settle the matter by offering some additional amount of $ in exchange for them not suing.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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