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Baby Girl | Need help on this rental issue? |
Do I get my rental deposit back?
2 days ago I got a visit from a realtor telling me the house i currently rent is being put on the market for sale. This was a shock for me and her since she was told by the owner ( my landlord ) that the property was vacant. She is the one who told me I never got a call from him letting me know.. which is funny cause I had talked to him a few days ago about renewing my lease since it had ended on April the 30th. Now after that i have called him 3 times and left him a VM. He has not returned my calls. My question is do I get my deposit back? The property is being sold as is. After knowing this I started looking for a new place now I am scheduled to move out in July so June would be last month now... Since he is not returning my calls and I want to let him know that i iwill be moving out on July I was thinking of sending him a 250.00 check and since he has my deposit which is 400.00 then that would equal 650.00 which is the monthly rent. Can he take me to court if I do that and not pay anything else? I live in the state of Arizona and like i said the lease is up so its like i am on a month to month thing. Any comment will help. thanks :)
Additional Details:
The realtor lady told me not to do anything to the house that it is being sold as is.. so no repairs if needed will be made. And yes she did come to the right house like i said she was confused as well.. She even made sure by telling me the landlords name. I know he is not doing anything wrong but a lil heads up from him would have been nice. Also why did he have to tell the realtor lady that the house was vacant thats what sounded shady to me Additional Details Another thing I am not being told to move.. I want to move cause if people want to view the house they will be comming in and out to me that is invading my space so I would just rather move than deal with that. And its gonna happen sooner or later so might as well be sooner for my own peace of mind. |
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Trouble
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The landlord is required by law to return your security deposit (less legal deductions) after you move out.
Your security deposit is not to be used as rent. The landlord does not have to accept a partial payment of $250.00 and can begin the eviction process.
Since you are month to month, you need to give your landlord proper written notice to terminate your tenancy.
In Arizona, you are required to give 30 days, which must include a full rental/calendar month. If you want to move out by the end of June, you would have to give the landlord written notice before June 1st. So you had better get that notice to the landlord by Monday. If you do not give the landlord notice until Tuesday, June 1st, you will be legally liable for the full month of rent for July.
The landlord can sue you for rent and damages, so you should follow the law, pay your last month of rent in full, give proper written notice and provide the landlord with your forwarding address (for your security deposit return).
http://www.azag.gov/civil_rights/TenantRightsResponsibilities.pdf |
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Christy
 |
If you want to move out and your lease has ended (you're a m2m now) all you need to do is give the LL written notice of your intent to move out. You need to hive him 30 days notice to vacate, but you do have to pay rent for the entire time you are in the unit. You may not use the security deposit as rent. By law, that deposit is only to be touched after you move out.
And despite what the realtor said, you do have to leave the unit in the same clean condition as when you received it. "As is" only means the LL isn't repairing any major items (for instance, not fixing the roof). It doesn't mean he isn't obligated to deliver a clean unit to the buyers. If you fail to clean it, the owner may have it cleaned before he gives it to the buyer and deduct that from your deposit.
The smart thing would be to forget that the house is for sale. Clean it and leave it as you would any other apartment. Remember, you have nothing in writing from the LL that said you could leave after doing nothing. You only heard that from the realtor and she has no authority in respect to your deposit. Protect the deposit, leave it in the same condition as you received it, document this when you move out, give your forwarding address to the LL in writing, and your deposit should be refunded within 14 days. If it isn't, post back here and we will go over what you need to do. |
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