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anniep3

Deposit

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I had signed  a month  to month contract with an amendment if I purchased a home I could move out as long as they had a prospective renter. I contacted my landlord 30 days after I moved out regarding my deposit and was told I would not be getting any of it back 1-I gave them short notice and they lost out being able to rent it to personal friends. 2-additional damage to the wood floor due to leaky door that has been an issue for years prior to me moving in ( wife owner of the house told me damage was not my fault as the door has been an issue for years and they have just avoided putting in a whole new door). Was told entire wood floor would need to be replaced which exeded my  $1800.00 deposit. Owner never did provide me with a cost repair expense list.  Current renter informed me wood floor has not been replaced at all and door has not been replaced at all. They had numerous people look at it and did not have a problem renting it right away.  What are my chances of getting my deposit back in small claims? It thought in Arizona he had 15 days to return my deposit or provide a detail repair expense.  

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On 7/23/2016 at 10:44 PM, anniep3 said:

 

I had signed  a month  to month contract with an amendment if I purchased a home I could move out as long as they had a prospective renter.

 

 

I'm confused.  "Month-to-month" means that either the landlord or the tenant can terminate the lease simply by giving a month's notice.  A provision that you "could move out as long as [your landlord] had a prospective renter" would seem to be contrary to the "month-to-month" aspect of the lease.  Also, does it really say "prospective tenant"?  Or does the landlord have to have an actual tenant to take your place?

 

 

On 7/23/2016 at 10:44 PM, anniep3 said:

What are my chances of getting my deposit back in small claims?

 

ARS 33-1321(D) provides as follows:  "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."

 

ARS 33-1321(E) provides as follows:  "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."

 

It is not clear from ARS 33-1321 whether the landlord's failure to comply with ARS 33-1321(D) precludes him/her/it from retaining portions of the deposit for which a valid deduction was made (i.e., whether non-compliance waives any deductions).  I suggest googling "arizona security deposit law" for more information.

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