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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28052
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I just moved out of an apartment in AZ and new owner who

Customer Question

I just moved out of an apartment in AZ and new owner who just purchased it and did not do inspections prior to purchase is trying to withhold my security deposit because there was termite damage in the unit that I knew absolutely nothing about. What are my rights in this case?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good afternoon. Just to be clear, he is asserting you knew of this and failed to inform him?

Expert:  RealEstateAnswer replied 1 year ago.

Hi, are you still with me?

Customer: replied 1 year ago.
he is asserting that. I honestly had absolutely no idea.
Expert:  RealEstateAnswer replied 1 year ago.

Thank you for the additional information. The security deposit should be used and applied to damages and repairs, which were a result of your own actions or neglect. If there was an issue with terminates and they were discovered in an area which could not be seen or known by you or you had no clue what the damage was from, then you have a defense to the claim which he is trying to assert. He can not argue that you caused or brought in the terminates and as you shared, could have been there prior to you taking possession of the rental. Moreover, if he had don an inspection, this could have been discovered and he could have asked the seller to remedy it. With that being said, you can respond and object to the withholding and demand it back, since you did not cause this and if he refuses, would then have to sue him and proceed through the court, for relief.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  RealEstateAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!