QUESTION
We moved from CA to AZ and rented a house for 3 months while we searched for a house to purchase. We have not had our deposit refunded. What options
Asked on Sep 06th, 2012 on Breach of Contract - Arizona
More details to this question:
We have a contract showing $4500 deposit. The lease had a monthly utility allowance of $350 included. It took 9 weeks to get a check, however it was for $2676.49. The owner subtracted $923.51 for utilities from a deposit of $3600. This is not accurate on either number. The listing agent said he would talk to the owner. However, another week has gone by (now 10 weeks since we vacated) and we cannot get a response. Additionally we are beyond the time period he had to return the money. What options do we have?
1 ANSWER
MARK A SIPPEL
First, you should have received or been given a website for landlord tenant law.
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/01301.htm&Title=33&DocType=ARS
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=33
Second, the max deposit a landlord may ask is 1.5 times the rent.
33-1321. Security deposits
Third, the landlord has 14 days to give you an accurate accounting.
Fourth, if a realtor was involved, they should be specially licensed with the AZDRE and a complaint to the license gets results.http://services.azre.gov/publicdatabase/
This is a contract claim and your remedy is in the Courts -- probably Justice Court, possibly small claims. They have forms, and you sue the home owner, the realtor, the manager, and identify their spouses as john doe spouse or jane doe spouse
Answered on Sep 21st, 2012 at 5:23 PM