Landlord Question and Answer Forum

My tenant moved out and walk through conducted on Dec 16th 2012. There are alot of things I pointed to the tenant that are damaged which he became very defensive. Number one rule I follow "never argue with tenant in the house" which I didn't, this is why we have security deposits. I told tenant with holiday coming with items needed to be fixed I need some understanding with time of having contractors out here to quote and perform work, he agreed (i did not get this in writing). AZ law states have to return certified mail the security deposit or itemized list of deductions and reminder of money within 15 business days. I sent out certified mail a letter plus photo's and receipts of damage and labor 17days, not 15 days like the law requires. With the holiday I couldn't get contractors out there to meet this deadline and produce receipts. My tenant filed a lawsuit exercising his right to sue for 2 times the amount of security deposit under AZ law which totals $4800. Is this law set in stone? Or do they understand these types of possible situations? His damages totaled $1800 which he owes me money. Can I get some help to understand what the law means by the 15 days and what if any is an exception please? The law is very vague on this issue about anything but "will send to tenant within 15 days". Thanks...

I believe the 15 days does not include holidays. So for example, Christmas would not be included as a day.

Posted by karen s, WI on Thursday, January 31, 2013

Courts are sometimes flexible, even if there was no holiday. I don’t believe that 2 days will make a difference… I would do a counter suit for the balanced owed…. The next time send an estimate of repairs and a list of the work/cost already performed. This should be within the law (check it out) should it take longer than required to fix the damages. Just hold back returning deposit in case the estimate is wrong due to unknown damages. Keep us updated. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Unfortunately, it is impossible to give comprehensive real estate/tax advice over the internet, no matter how well researched or written. Therefore, it is up to you to become familiar with Fed/State/Local Tax Laws. Also, if you have real questions, you should consult with an attorney or tax professional……Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data. Check out the new $$$$ for 2012

Posted by Bob R, CA on Saturday, February 2, 2013

Thank you so much for your reply.. My wife and I have owned rentals for past 7 years with no issue's or lawsuits.. But this guy is a piece of work.. Hard because the laws in AZ although written in black and white do not outline any exceptions or alternatives on this subject. It does make sense because of the issue's of damages and holidays the court would understand why it was late going out. But I did keep in contact and he knew of the issue's and still filed when he knew I was deducting damages. I think his last way of scaring me into just paying it and being done with it. Not me.. He damaged my property and will see it to the end. Again thanks for your reply, was very helpful.. Karen response didn't answer any of my questions...

Posted by Jerry S, AZ on Monday, February 4, 2013

Don’t kill yourself trying to get all the repairs done within the notification time limit. If the work can not be completed, all you need to do is send tenant a list of repairs and approx cost by certified mail/return receipt. If repair cost is over the sec.dpst, let them know what the approx. bal due you is. Check your State law about Notification. If you need to refund them, let them know what the amount is and tell them that they will receive a return when all the work is completed. Or send them a partial bal due less a % (20, 30, 40%) to cover unexpected damages that may be discovered. . -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Unfortunately, it is impossible to give comprehensive real estate/tax advice over the internet, no matter how well researched or written. Therefore, it is up to you to become familiar with Fed/State/Local Tax Laws. Also, if you have real questions, you should consult with an attorney or tax professional……Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data. Check out the new $$$$ for 2013.

Posted by Bob R, CA on Monday, February 4, 2013