Jun 25, 2015

Refunding a Tenant's Security Deposit - A.R.S. 33-1321

How to Properly Handle a Tenant's Security Deposit

Per A.R.S. § 33-1321(D) of the Arizona Residential Landlord and Tenant Act, a landlord must send a disposition of deposit letter to the former tenant within 14 business days. If the cost of the damage doesn’t exceed the deposit, the remainder of the deposit should be included. On the other hand, if the cost of the damage exceeds the deposit, this is your chance to state how much they owe you.

This letter needs to be sent within fourteen business days from the date your tenant vacated the property or the landlord can be subject to civil penalties.

If lawsuit arises in which a tenant claims their security deposit was kept unlawfully, and you didn’t send this letter, you could be at risk for “treble damages” – that is, three times what you kept unlawfully A.R.S. § 33-1321(E). Sending this letter goes a long way towards making sure all your bases are covered.

Our firm offers a free form letter which you can fill in and send to your tenant, or use as a template to create your own. Click here to download this form letter.

In cases where the tenant was evicted for nonpayment of rent, you can keep the deposit to cover the judgment amount, but you will still need to send a letter informing your tenant of such.  Additionally, if you have a judgment for unpaid rent, and there are a lot of damages to the property, you don’t have to put the deposit towards the judgment – you can still use it to cover the damages, and then pursue the judgment amount using wage garnishment or bank levy, which you can read about here.

Jun 24, 2015

Marriott Hotel Construction...or Lack Thereof...

Below are pics from the Phoenix, Arizona Marriott hotel. 

The above picture was taken in December 2014.

The above picture was taken in April 2015.

The above picture was taken in May 2015.

 The above picture was taken in June 2015.

Jun 19, 2015

Collecting on a Judgment

Judgments are a very powerful tool that dramatically increases the odds of a creditor collecting against the debtor. In evictions cases a judgment will require the tenant to pay all back rents, late fees, court costs, attorney's fees, and any other relevant damage.

The eviction judgment is basically mandating the tenant to pay the landlord the sum of these damages. After making a written demand for the awarded damages most people will not voluntarily pay. However,this is where the judgment itself can help you recover your money.

A judgment can give you the power to garnish wages, levy bank accounts, or place liens on certain assets. Without the judgment all you can do is beg for your money. But with the judgment you can get people to pay you whether they want to or not.

If you would like an Arizona Real Estate Attorney to help you collect on a judgment then call us at: 480-344-4035 or email me at cdunaway@davismiles.com.