Property Manager had 14 business days to return security deposit.. (real estate, rental)

[PinkBerry111]

Any real estate/rental experts?

Rented home for 4 years. Never late on rent.
Final walk thru was Feb 1. She said they only thing we were going to be charged was for "wipe down" of kitchen, even tho kitchen was spotless.

Our lease stated that the security deposit was to be refunded as per ARLTA (Arizona Residential Landlord Tenant Act) rules, and that is "security deposit, minus any deductions, is to be refunded within 14 days, excluding weekends and holidays."

So the way I counted that, 14 business days from Feb 1 is today, Feb 22. No weekends and Monday was a holiday.
I texted her last Tuesday Feb 14th asking when to expect the check and she said she was going to send it out the next day or Thursday at the latest. Well, that was last week and no check as of today.

So I sent her a text today telling her that our lease said 14 business days to receive deposit back and there was no check in the mail today. She then responded that it was sent "this past weekend".

In Arizona, you can take a landlord to court for being late on giving you your deposit back and can receive twice the deposit for damages.

How much longer would you wait before taking any action?

[UpTownJon]

here's the language from the Landlord tenant act regarding this situation:

"Within fourteen days, excluding Saturdays, Sundays or other legal
holidays, after termination of the tenancy and delivery of possession and demand by the tenant
the landlord shall provide the tenant an itemized list of all deductions together with the amount
due and payable to the tenant, if any. Unless other arrangements are made in writing by the
tenant, the landlord shall mail the itemized list and any amount due, by first class mail, to the
tenant's last known place of residence.
E. If the landlord fails to comply with subsection D of this section the tenant may recover the
property and money due the tenant together with damages in an amount equal to twice the
amount wrongfully withheld"

You are right on counting the days, today is 14 days so they are still within their window. Although annoying you can't officially raise a stink until tomorrow. Going after them for damages might be difficult, unless the willingly give it up, its a big hassle to sue them over a couple days late.

[Rabrrita]

This was discussed at length in the Rental sub-forum of CD. If you read the actual wording, it says "after termination of the tenancy and delivery of possession and demand by the tenant". Apparently, AZ Courts are saying that the 14 days doesn't actually start until you actually request the return. Additionally, several tenant attorney web sites are also telling tenants that they need to send a demand letter the evening they vacate to trigger the 14 days. There are several experienced AZ landlords and PMs that post on that forum so they should be able to clarify any confusion.

[reenzz]

The 14 day clock starts the day after you officially hand over the keys to the landlord. The landlord then has 14 days to MAIL the deposit. Today, the 22nd is day 14. If the mail is postmarked within the 14 day window, the landlord has complied with the law.

[PinkBerry111]

Thanks for the answers.

Something weird is definitely happening with her. She told both myself and my husband today at different times she needed to go back to the office to find out when she sent the check and that she was going to send us the list of deductions.

It's almost 8:00 and she hasn't sent a thing.
Based on how long it took her to respond to any emails we sent her over the 4 years renting from her, I'm not surprised by this delay.

[JGMotorsport64]

Originally Posted by PinkBerry111

Thanks for the answers.

Something weird is definitely happening with her. She told both myself and my husband today at different times she needed to go back to the office to find out when she sent the check and that she was going to send us the list of deductions.

It's almost 8:00 and she hasn't sent a thing.
Based on how long it took her to respond to any emails we sent her over the 4 years renting from her, I'm not surprised by this delay.

You need to send a formal demand. Certified mail, then start counting.

[KurtAZ]

You would have a hard time suing them for this. All AZ Rental laws favor the Landlord and most attorneys that specialize in Real Estate law are typically there to represent the Landlord. Very few specialize in protecting the tenant, there's no money in it.

[JGMotorsport64]

Originally Posted by KurtAZ

You would have a hard time suing them for this. All AZ Rental laws favor the Landlord and most attorneys that specialize in Real Estate law are typically there to represent the Landlord. Very few specialize in protecting the tenant, there's no money in it.

If OP sends a letter certified to the manager's office and then counts the 14 days (as business days) this would be easy to do in a Justice Court.

But it needs to be done correctly.

[PinkBerry111]

Originally Posted by KurtAZ

You would have a hard time suing them for this. All AZ Rental laws favor the Landlord and most attorneys that specialize in Real Estate law are typically there to represent the Landlord. Very few specialize in protecting the tenant, there's no money in it.

Actually, it's only done in small claims court, which only costs about $20 to file.

[PinkBerry111]

Originally Posted by jaredC

I rent from Arizona Elite Properties. If you have a property manager or landlord as uncaring and shady as mine is, get ready to not only NOT get one cent of your deposit back, but also a huge list of bogus itemized charges that they will give you. The check probably isn't in the mail because they are biding thier time trying to drum up "damages" to justify not only keeping your deposit but charging you in excess of thousands of dollars.

Luckily, I made a walk thru video with my camera 30 minutes before she walked in!
She told my husband on the phone yesterday she charged us the bare minimum. She said she paid $185 to have a landscaper trim a honeysuckle tree in the front yard and whatever he did in the backyard, which had to be nothing because there was nothing in the backyard. She said she charged us the $85 and the homeowner the remaining $100. She hasn't said how much she charged us to have a cleaning lady "wipe down" a already spotless kitchen.

Luckily, we have texts from her saying the check was put in the mail this past weekend, so she will have lots against her if she hasn't sent it and just waiting to add on more charges.