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Old 09-16-2010, 09:02 AM
 
1 posts, read 1,161 times
Reputation: 10

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My one year lease expires in 45 days. Sending rent (always on time) to Broker as signed lease indicates. Due to plumbing issues (stopped up in walls or ground) I want out of lease now. Several calls and emails (over last seven days) resulted in two attempts to fix by realtor's maintenance person (last visit consisted of him emptying the bucket that catches the water from kitchen sink - pipe beneath is removed). Maintenance worker said was backed up in the walls and ground and would be $5,000 to repair and he would "get with" the realtor. The realtor (via email) said I should contact the maintenance person. This has been going on for over a week (emails and phone calls). I read the landlord tenant act and attempted to send a five day notice of intent to vacate. The lines on the lease for property manager's name has an illegible signature (not printed, no phone, no address and it is NOT the realtor's signature as she signed elsewhere) and the lines for "person authorized to receive notice" are completely blank. All I do have is realtors address to send the rent money. Does this make lease null and void? Do I send notice to broker (even though lease says broker is NOT authorized to receive notice)? To convolute this further, a few months into lease the broker wrote us and said to forward rent payments to another real estate office as "she moved" (this was confirmed verbally by original real estate office by telephone). The realtor asked for money orders or cashier's checks but I continued to pay by personal check (always on time, never bounced, and I have proof). I want my deposit back. The realtor did not provide a move in inspection (I haven't seen her since we looked at the house). Deposit was paid in the original real estate office (I have proof) and possession was given by giving me the code to the lockbox to get the key out. Can I just leave? Can I demand a move out inspection? How do I serve notice? I plan to be out of here in six days and am moving out of state. The deposit is $800 and the rent is $800. I can forego rent this month but want the deposit back. I don't want to get sued for another month's rent (Oct. is the final month).
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Old 09-19-2010, 08:29 PM
 
367 posts, read 1,295,455 times
Reputation: 239
Read your lease. Most leases require you to give a 30 day notice. Do it! You are within your right. It sounds like there will be major problems with your apartment later on (mold??). You cannot use your deposit as the final month rent. Continue to pay your rent, give the owner a certified notice to vacate and move out. Take pictures of the apartment as you left it. Somewhere there should be a move in checklist and someone who has it and will take the keys from you, along with your demand for return of security deposit. The owner has to return your deposit within so many days after your written notice or provide you an explanation. If the explanation is not sufficient, you can take them to court with your documentation. Typically a well worded (non-threatening) letter will help them realize that any fraudulent effort on their part would not be well received. For more reading, check out the Arizona Landlord & Tenant Act (I think it's on the Sec of State web).
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