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Old 06-26-2015, 04:40 PM
 
3 posts, read 2,148 times
Reputation: 10

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Today is 6/26/15 just an fyi. I have a tenant whose lease was to end on 6/30/15. On 3/22/15 I get an email from my renter that he has left the key on the desk and was moving out as he bought a house. He didn't clean or nothing and left a few things. Pretty much is about all he said. He rents/rented a room off my home that has its own entrance (so no common access to my part). Within about 12 days I cleaned and did repairs, recorded and pictured everything. I emailed him for his current address which he did respond. Then I sent him the remainder of his deposit after deductions were made along with a record of what was deducted. This was sent certified mail on 4/9/15 and no one answered and notice was left on his door to claim in 15 days. Which he did not and it was returned to me. I have added it unopened to his file for proof if he takes me to court. On 4/5/15 I sent him an email which he did not respond to asking him when he wanted to pick up the things he left. From this point on there has be zero communication. Today I get and email from him that would have actually been the reply to my email (4/5) about when he wanted to pick up his stuff. He did not respond on his possessions, but asked when he would be getting his deposit back? My question is this - It is almost 3 months since he moved out or responded to me. Do I have to respond to him? If he would have been a communicative renter and not ditched out on me I would have had no problem responding. But he has not. I do not want to waste my time with this inconsiderate person any more. I know if he takes me to court I am covered as the unopened certified letter contains a check for refund and a itemized list of deductions. Any advice?
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Old 06-26-2015, 05:14 PM
 
113 posts, read 160,387 times
Reputation: 245
As I see it, you feel that you have two options. Treat him the way he treated you and ignore him. Or, do the right thing and let him know where he can pick up the remainder of his deposit. Option 1 could come back to bite you in the butt - legally or karma-wise. Option 2 lets you settle things and move on. I vote for option 2.
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Old 06-26-2015, 05:14 PM
 
170 posts, read 223,397 times
Reputation: 154
just give him his $ and move on.
life is too short for petty issues.
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Old 06-27-2015, 03:30 PM
 
2,449 posts, read 2,610,206 times
Reputation: 5702
I haven't rented in quite a while, so please excuse my ignorance...
what's the point of a lease if the tenant can bug out 3 months early?
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Old 06-27-2015, 03:37 PM
 
3 posts, read 2,148 times
Reputation: 10
Thats what I thought! Then after reading the tenant laws, they can. They are still responsible for paying the remainder of the lease, but you have to make a good attempt to re-rent it. Ya, I wasn't to happy about it and like you said - what is the point of a lease. I shouldn't have to try and re-rent it. But that is what the law says.
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Old 06-27-2015, 03:41 PM
 
3 posts, read 2,148 times
Reputation: 10
I ended up responding to his email telling him I am glad to give him his refund, the items he left, minus the itemized deductions that have been listed. And that he would have to sign a release of right of possession. I really don't expect to hear back from him. It just how he is.
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Old 06-29-2015, 08:49 AM
 
Location: Arizona
13,399 posts, read 7,401,042 times
Reputation: 10159
Unless that statute of limitation have run out which I think is 2 years you have to give his deposit money back. Even if he waited a few months to get back to you. I'm not sure about the things he left behind I would tell him it's gone you left it out in front of the home and you thought he came and got it. This is the life of a landlord no reason to get upset about it. Find out what the statue of limitations are if he never calls you back then you probably made out on the deal keeping his deposit. I knew someone like this he told me that he just figures a deposit is something you lose once you pay it the way his experince was. I only rented for a year 30 years ago and hated it bought my first home at 25 years old.
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Old 06-29-2015, 02:25 PM
 
63 posts, read 165,333 times
Reputation: 100
Who is telling this landlord to refund the tenant???
That's crazy!
The tenant broke his lease!

Arizona Tenant's Rights and Responsibilities.

Breaking Your Lease

if you move out before your lease ends, your landlord may charge you for the remainder of the lease until he re-rents the
home. Your lease may also state that your landlord can charge you a set
amount for breaking the lease.

B.
If you choose to break your lease, you should still do a move-out walk-through in
order to prevent your landlord from making damages claims. (See “Ending the
Lease” at page 20.)

Abandonment
A.
If you abandon your home (which means that
you move out and stop paying rent
without notice to the landlord), your landlord may mail a notice of abandonment
to your last known address and post a notice of abandonment on the door of the
home.
B.
Five days after mailing and posting abandonment notices, the landlord may
change the locks and retake possession of the home.

1.
After the landlord has retaken possession of the home, he must hold onto
your possessions for ten (10) days, before selling them or throwing them
away.
2.
You will need to pay for storage and moving costs to get anything back.
C.
Your landlord may additionally charge you a fee for breaking your lease or
charge you rent for the months left on the lease.






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Old 06-29-2015, 02:40 PM
 
127 posts, read 195,835 times
Reputation: 213
I'm a landlord, so first thing you need to do is to:

1- deduct any shipping expenses you incurred the first time you tried mailing him his deposit.
2- tell the tenant you will only mail the deposit, no local pickup.
3- deduct any shipping expenses for mailing off the deposit.
4- make an itemized list and include it in the packet.
5- done.

If tenant asks for his stuff, tell him as per AZ regulation, you disposed of it after 10 days. Especially when he stopped communicating with you.

If he takes you to court, make sure to save all receipts, email attempts, phone call records to show you tried calling and the original certified envelope that was sent back to you. Also, if you made the repairs yourself, you'd need at least quotes from a general contractor to show the judge how much it would have cost to fix it.
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Old 06-29-2015, 02:53 PM
 
Location: Arizona
6,131 posts, read 8,003,914 times
Reputation: 8272
I don't see a point, or any good outcome, in continuing to escalate the problem. Send him the deposit, less deductions, and tell him how to get his stuff back if you didn't already dispose of it and be done with the matter.

I just don't see anything else being worth the hassle.
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