 skipping out on rent (by Silvia [NJ]) Jun 21, 2010 1:11 PM
 skipping out on rent (by John... [MI]) Jun 21, 2010 1:13 PM
skipping out on rent (by Virden [OH]) Jun 21, 2010 2:04 PM
skipping out on rent (by Reid [KS]) Jun 21, 2010 3:39 PM
skipping out on rent (by Opinionated [NC]) Jun 21, 2010 6:47 PM
skipping out on rent (by Chris [CA]) Jun 21, 2010 9:55 PM
skipping out on rent (by RR [WA]) Jun 21, 2010 10:23 PM
skipping out on rent (by billy [MA]) Jun 22, 2010 6:57 AM
skipping out on rent (by Silvia [NJ]) Jun 22, 2010 2:25 PM
skipping out on rent (by Josh [CA]) Jun 22, 2010 3:40 PM
skipping out on rent (by Silvia [NJ]) Jun 22, 2010 3:56 PM
skipping out on rent (by Josh [CA]) Jun 22, 2010 4:12 PM
skipping out on rent (by Silvia [NJ]) Jun 23, 2010 1:03 PM
skipping out on rent (by Silvia [NJ]) Posted on: Jun 21, 2010 1:11 PM
Message:
State Specific Question About: ARIZONA (AZ)
I had a tennant for 1 1/2 years (the agreement was for 2 years) I had given him a $100 a month reduction for signing the 2 year lease. The tennant skipped out on the rent 6 month early stating bogus claims like a piece of carpet missing in the back of a closet a toilet tank cover being the wrong size ( he was the one that broke the one that was supposed to be there)... a faucet hole cover broken (a 50 cent item)... i received a summons from the tennants association who had sent an inspector to the property to survey it. We had 3 weeks to remedy the minor issues (we fixed them in 1/2 day). The tennant did not wait until everything was fixed but left the premisses a week after we received the summons.
Now, the tennant is sueing me for the return of his deposit money which we used to fix items he broke in the house after he moved out.
i am now faced with having to hire an attorney and fly to Arizona to defend myself....
Help anyone?
Does anypne know the laws in Arizona that apply to this so i don't have to hire an expensive legal advisor.....
Thanks
Silvia
--66.95.xx.xx |
skipping out on rent (by John... [MI]) Posted on: Jun 21, 2010 1:13 PM
Message:
Tenant SAID that they are GOING to sue you? Or you have legal paperwork from them and/or their attorney in your hand?
Big difference.
- John...
--207.241.xxx.xx |
skipping out on rent (by Virden [OH]) Posted on: Jun 21, 2010 2:04 PM
Message:
Living more than an hour away is kinda bad, in a HOA is kinda worse, not knowing the laws for the area is even worse. Listening to a tenant advise you of the law means you need to speed read your state and local laws before you run in circles, most tenants are just blowing smoke into your bluejeans pockets, so wait it out while you catch up - photo document the damages is best way with receipts, send accounting statement with copies of photos and other papers line-by-line in timely manner with your laws. --76.241.xxx.x |
skipping out on rent (by Reid [KS]) Posted on: Jun 21, 2010 3:39 PM
Message:
If they sue in small claims chances are that attorney are not allowed . If they sue in small claims just getting you served is going to take time since it's a cross country deal. There is a good chance that nothing will come of this as long as you did a proper accounting of the SD. --70.130.xx.xx |
skipping out on rent (by Opinionated [NC]) Posted on: Jun 21, 2010 6:47 PM
Message:
If the suit happens, you will need to appear. Be as prepared to defend as possible. You do not have to prove anything, only to defend against the allegations of the tenant. Which is about the same as proving your claims made for the deposit deductions. Failure to appear will hit you with the costs of the suit in addition to the judgment for the tenant. --66.226.xx.xx |
skipping out on rent (by Chris [CA]) Posted on: Jun 21, 2010 9:55 PM
Message:
I have never been sued - but threatened more times than I can remember. Hope the same applies here.
Is there a WITNESS to the damage and the reapirs (I assume you didn't keep the receipts or took photos). *** Then there is the T. doing a runner without notice. Bring the lease, highlight the part where notice period is stated. *** Get in touch with a local LL Association. --125.25.xxx.xxx |
skipping out on rent (by RR [WA]) Posted on: Jun 21, 2010 10:23 PM
Message:
well, if he does sue you, you might just want to return his money and save yourself some hassle.
--98.247.xx.xxx |
skipping out on rent (by billy [MA]) Posted on: Jun 22, 2010 6:57 AM
Message:
if u live more than 30 minute drive from property i think u should sell.long distance landlording is a pita,as u are finding out.a few guys here make a buck on it but its a pita and should be avoided by nost LL.in my opinion.. --173.14.xxx.xxx |
skipping out on rent (by Silvia [NJ]) Posted on: Jun 22, 2010 2:25 PM
Message:
Thasnk you all for responding. Yes, he filed an official suit in court (not small claims court). I have been served and have mailed in all receipts of repairs etc asking the court to dismiss the case. Well it hasn't been dismissed and the court wants me to state which laws exactly would apply in my case. is there anyone from AZ that could shed some light on the laws governing this matter?
--98.221.xxx.xx |
skipping out on rent (by Josh [CA]) Posted on: Jun 22, 2010 3:40 PM
Message:
What did you charge from the security deposit for? What items? Just the few items you mentioned above and the rest of the term of the lease?
If so you have to provide proof that you tried really hard to re-rent the dwelling. Most courts will only give you 2 months of rent for a lease break.
--66.214.xxx.xxx |
skipping out on rent (by Silvia [NJ]) Posted on: Jun 22, 2010 3:56 PM
Message:
I charged the repainting and cleaning of the place as well as the landscaping that he had neglected and applied the rest to the rent which only covered about 1/2 month.
--98.221.xxx.xx |
skipping out on rent (by Josh [CA]) Posted on: Jun 22, 2010 4:12 PM
Message:
landscaping in AZ? Some courts would have a problem with that. Painting after 1 1/2 years depending on what painting was done and why may also be a problem. Paint has a 2 year life span.
The repairs may have only taken a 1/2 day to do that you had health/building code violations on. You had 3 weeks to fix. But didn't. Tenant moved out 1 week later. Then you fixed the items.
What is he sueing for? That it is not in scc? Triple damamges or something?
--66.214.xxx.xxx |
skipping out on rent (by Silvia [NJ]) Posted on: Jun 23, 2010 1:03 PM
Message:
The health/ building code violations were very minor and we were not aware of any of it until we received notice from a tennant association inspector. Even the inspector said these violations were a joke. We fixed them 5 days after receiving the notice and well within the allotted time by the tennant association.
The tennant had asked us at the beginning of the lease if he could paint more bold colors. We said ok with the stipulations that he repaint in muted colors when he moved out.
During this tennant's stay, we had repair bills on a regular basis. Most month to the tune of half the rent went to repairs and replacing of appliances that suddenly were broken.....
he is sueing for his deposit money back and court costs.
--98.221.xxx.xx |
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