My domestic partner and I recently commenced a lease on 8/31/15 which lasted for two years, beginning on 8/01/13. We needed to move out because the Landlord wanted to move back into the townhouse
. We found a new home to rent, and moved in on 8/13/15; this gave us plenty of time to not only move, but to professionally clean the townhouse and have the carpets professionally cleaned, as outlined in our lease agreement. We completed these requirements.
After these requirements were completed, we called the property management company on 8/24/15 to schedule a walk-thru. The property management agent was not able to complete the walk-thru until 8/27/15. On 8/27/15, we completed the walk-thru with the property management company, and the only complaint was the colors of the paint in the three bedrooms. Prior to signing our lease, we asked if we were permitted to paint the townhouse, and were advised to "not paint the walls black;" which we did not.
At the time of the walk-thru with the property management company, we requested to be present at the walk-thru with the Landlord, and we were eventually told "No." We wanted to be present in order to address any issues the Landlord had without having to use the deposit to correct the issues. In our opinion, this is a direct violation of the Arizona Residential Landlord and Tenant
Act, as it states the following in Article 2, 33-1321, C.: "...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." We were denied this right to conduct the move-out inspection with the Landlord, even though we never cause fear of violence or intimidation...we only wanted the Landlord to be happy with the condition of the townhouse and to retain as much of the security deposit
We offered to paint the walls back to the original color during the walk-thru with the property management company, and the property management company agent stated she would speak with the Landlord regarding this issue...we never received a response even though we still had three days to remediate the issue, as our lease did not end until 8/31/15.
We have recently found out that the Landlord has repainted the entire townhouse and has removed all of the carpet upstairs. The Landlord is expecting to retain our entire deposit of $1,500.00, and we were never provided the opportunity to dispute the issues she had with the townhouse.
Please advise of the status of our case, as we feel the Landlord and the property management company, are taking advantage of us, as well as the opportunity to use our money to remodel the townhouse.
We appreciate any advice you are able to provide.