move out charges/ and or tenant laws (rentals, lawyer)

[amylynnc]

I am need of advice for a rental move out. I left the place in immaculate condition. Hired cleaners, I moved out of the home only because the landlord was a pain.... Always talking to me like I was a child... Mind you, I am I single mom age 36, with a15 year old and 13 year old twins. So I moved out April 30 th.... The deadline per AZ law is they have 14 business days to return deposit or send itemized list of charges. I put down $950 deposit... Lived there only one year, and after 17 business days, I received an "email" staying I would not receive a refund due to carpet being replaced, costing (conveniently, my full deposit) $940...my question is, he was clearly LATE on sending this, and in my lease it states carpet was in " fair" conditio upon move in, and it was only ONE room that consisted of carpet throughout the entire home. Which looked just the same upon move out, as it did move in... Zero stains, just wore out, faded... Can I sue him for 2x my deposit, as AZ law states, because this info was emailed to me, not postal mail.... And still several days late, regardless, late is late. Either way, 950 bucks seems excessive to replace carpet in 1 bedroom.... Should I pretend like I didn't get his letter via email, and mail him a request of refund demand letter, or just go straight to going court?? Any tips greatly appreciated. Thank you!!

[Zippyman]

Originally Posted by amylynnc

I am need of advice for a rental move out. I left the place in immaculate condition. Hired cleaners, I moved out of the home only because the landlord was a pain.... Always talking to me like I was a child... Mind you, I am I single mom age 36, with a15 year old and 13 year old twins. So I moved out April 30 th.... The deadline per AZ law is they have 14 business days to return deposit or send itemized list of charges. I put down $950 deposit... Lived there only one year, and after 17 business days, I received an "email" staying I would not receive a refund due to carpet being replaced, costing (conveniently, my full deposit) $940...my question is, he was clearly LATE on sending this, and in my lease it states carpet was in " fair" conditio upon move in, and it was only ONE room that consisted of carpet throughout the entire home. Which looked just the same upon move out, as it did move in... Zero stains, just wore out, faded... Can I sue him for 2x my deposit, as AZ law states, because this info was emailed to me, not postal mail.... And still several days late, regardless, late is late. Either way, 950 bucks seems excessive to replace carpet in 1 bedroom.... Should I pretend like I didn't get his letter via email, and mail him a request of refund demand letter, or just go straight to going court?? Any tips greatly appreciated. Thank you!!

just file in court, don't waste alot of stress or worry on the matter - the facts are clearly on your side. Remember to keep your complaint short / sweet & to the point & the same thing when you actually get to court. You should be able to state your entire case in perhaps two minutes. The judge doesn't need to hear what a jerk your landlord is, how many kids you have, or about the psycho neighbor down the street. Just the facts. Talking too much will likely cost you money. Let the other party talk themselves out of winning the case.

I.E.
a the carpet in question was not new when I moved in
b the carpet in question was professionally cleaned (with receipt).
c the landlord did not comply with the deposit refund law.
d the bill for replacement is far in excess of reasonable.

The "judge" you'll see in small claims courts here likely isn't even a lawyer - they have no patience for long explanations or convoluted stories. The winner here is almost always the party who is most detached & just states facts.

Based on my own experiences, you're unlikely to collect the double damages, even though the law says quite clearly that you are entitled - which is probably why your landlord is pulling their little cash grab. Definitely ask for double-damages in your complaint, along with your filing & service fees as well - the court can't give you things you don't ask for in your complaint.

For the record, a "standard" bedroom's worth of "landlord carpet" should run about $125 + about $75 for installation. Then, the landlord needs to depreciate that carpet based on some objective standard, based on how many years of use they got out of it. There is no "set" standard for how many years it "should" last, but 5-7 years is pretty common. If you moved into one of my rentals, and it had brand-new carpet, you lived there one year & you destroyed it, I'd ask for $160 - based on a five-year life. It would be $120 if you lived there two years. Based on the facts you stated, you were charged $950 for carpet worth (at best) $120.

Don't be afraid to fight, but when you file the complaint & especially when you're in court - know that less is more, & when in doubt, shut up.

Good luck!

[mrs.quezada]

Ok I moved out of my aunts house do to all the parties and fighting. I had to go with a cop to get mine and my kids clothes.but when I went back to get my bedroom furniture She didn't allow me to enter she took me off the lease with out me knowing can the landlord get in trouble for that