State Specific Question About: ARIZONA (AZ)

Hi everyone,

the issue is what happens when they make a stink... and you have to "justify" your numbers to the Judge.

Judge: How old was the door to begin with? gratetful:since the house was new J:20 years? g: yes sir J: Surely it had some scratches and defects to begin with... g: I suppose J: OK so where is the receipt for the replacement you seem to believe is called for? g: er uhm we want to wait until we sell before we do the work J: what do you mean you decided to not do it "yet"?

see where this is going?

Go get an estimate, the write a check for the damage, and photo copy the two together, and include it with the documentation of our deductions.

You do not have to send the check to the repair company.

I agree with In (IN) solution. Although I see clearly Mr. R's points. If this was a home built in 1965 I would say lots of luck. I would expect the Judge to not allow it even with picture documentation. Only if you had clear date stamped close up pictures of the sliding glass doors before move in. Chances you have those pics are slim to none.

I concur with the gentlemen from Indiana and Long Beach and will use this opportunity (once again!) to remind all that because details count to err on the side of including them (as coherently and lucidly and orderly as possible please) rather than forcing everyone to guess and suppose and otherwise lead ourselves down that merry path to futility.

Remember withholding monies from security is prickly. In court, we are landlords. We are scumbags, stealing monies, blah blah blah. If you can prove they have been there for 3.5 years and can prove the house is only four years old and can prove they have a dog, I think you can win.

Beware in the US civil court system a prevailing party is only entitled to FMV of an item, and not replacement value for awarding such would unjustly enrich the party, and yes sit in enough small claims courtroom you will find the judge will ask how old was the item you are charging replacement value, this is basic tort law 101

While 90% of the time a tenant will do nothing more then threaten to sue on the improper deductions; it’s the 10% that do sue and your legal liability exposure to such suits,

for example I know of a case currently in NJ special civil division, the tenant happen to have a relative who is a civil litigation bull dog so to speak, needless to say the lawyer has claimed the improper deductions amount to fraud and sued under the states consumer fraud statute, this means big boy civil litigation no little small claims animal house judges;

The judge has allowed the complaint to go into discovery phase so 3K latter for the landlord and any contractors who issued the receipts they’ll have been through interrogatories, depositions, etc and still the judge has it scheduled for jury trial and does not seem leaning toward SJ motion after discovery , she likes the legal argument made by the big boy lawyer and will let a jury decided it seems