Full question:
I lived at a residence from 12/06 to 09/09 and the property manger did not return my security deposit. I had the carpet professionally cleaned and also cleaned the house from front to back and inside spotless. I was denied a move out inspection. The house was not painted even before I moved in the house, the ? was brought to the 1st manager if they were going to paint the house, the answer was no. Now with the new manager he charged me for painting the house. I did take pictures after i moved out but not before I moved in. So do I take both property mangers to court for my security deposit and punitive damages or can I call the 1st manager to remind her of the situation of the house of will this mess up my court chances since she still works there at this company. I also had another broker find me this house but I know his name but can't find where he is working at today. This broker is also knows the situation of the house. The company also refuses to give me a copy of my move in inspection.
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: Arizona
Answer:
Contacting the first manager may be a personal choice and could help clarify the situation. Doing so should not legally prevent you from pursuing a court case. If you believe the managers are liable for your losses, you can name them in a lawsuit, although they might seek dismissal if there's no contractual relationship. You could also consider subpoenaing the former manager as a witness.
According to Arizona law, landlords must provide tenants with a signed lease, a move-in form for noting existing damages, and must notify tenants about the move-out inspection. If a landlord fails to return a security deposit or provide an itemized list of deductions within fourteen days after the tenancy ends, the tenant may recover the withheld amount plus damages equal to twice the amount wrongfully withheld (A.R.S. § 33-1321).
It's important to request the move-in inspection report during the discovery phase of your lawsuit if necessary. If you have evidence of the property's condition upon moving out, that can support your case.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.