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Old 06-29-2017, 09:34 PM
 
1 posts, read 588 times
Reputation: 10

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I rented for 5yrs. The homeowner sold the house but the showings, pictures, inspection all happened while I was still living there. He forwarded the lease and said follow the terms of the lease as far as people entering my home and receiving the deposit back. I did just that.
I moved out June 1st. Per the lease my deposit would be returned within 14 days as long as I left a forwarding email.
I emailed him on June 2nd. Thanking him and giving him my forwarding address.
June 17th I emailed asking when I should expect the deposit. He said 30 days. I said according to lease it's 14 days and ARS 33-1321 it's 14 days not including holidays or weekends which would be June 21st His response was thanks for the clarification. Never received deposit so on June 26th I sent another email stating I needed my money in my acct by Wednesday. He never responded.
I filed In small claims. The problem is that he lives in ND and doesn't have a statutory agent, his LLC that the lease is under isn't registered to do business in Az. So I had to serve the Secretary of State and I also had a process server serve him in ND.
He was served today and sends me a text saying he sent deposit yesterday and that he has 14 days from when I DEMAND the deposit.
He's playing games but the lease I signed says 14 days as long as I leave a forwarding address which I did on June 2nd.

So legally do we go by our binding contract that he made me follow or the law?
And does he have any ground in court being as he was doing business in AZ illegally?
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Old 06-30-2017, 08:04 AM
 
Location: Phoenix, AZ area
3,365 posts, read 5,272,359 times
Reputation: 4205
He is right that by state law you have to make a written demand for the timeline to start ticking, within reason is how the courts here handle it. You are getting the deposit back so what are you looking for here? Know that the courts here will not be kind to you as a tenant so I wouldn't waste my time if I were you.
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Old 06-30-2017, 03:26 PM
 
8,081 posts, read 6,996,840 times
Reputation: 7983
Wait the 30 days. You'll spend more fighting this (I presume you've already spent a bit of money on this already) than you would just waiting first. Document it. Under the statute you may be entitled to extra damages if he does not comply.
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