HELP! Old landlord is avoiding us and won't give us money he owes us

[Megan Turnidge]

WHAT do I do?! I definitely cannot afford a lawyer or have a friend who is a lawyer who can help. I've tried finding a renter's advocate group or something along those lines here in AZ (as suggested by my dad) but I'm finding nothing. I'm desperate. We NEED him to refund the money he owes us because we owe our new landlord a deposit and we told him we'd pay it as soon as we received this refund.

What should we do?

[lovely1m]

Ugh, I tried when an old landlord ripped me off, too, but never found anything. Just lost my money, so good luck! I don't think it costs much or you need a lawyer for small claims court though.

[MamaBee]

Agree with Mari... in Wisconsin you don't need a lawyer to go through small claims court (according to my hubby). Have you called the court house? Do you have a housing authority in your city? They maybe able to give you some ideas...

Good luck... was a jerk!

[Traci Reed]

Judge Judy!

[Teresa]

I had to take a landlord to small claims court several years ago, sadly that's probably the only way you'll get your money back if he's ignoring you. Doesn't cost a lot (or didn't in MD), but it took a LONG time to get my money back even after I won the case and the whole process stressed me out...only got it when she tried to refinance her home and couldn't until she paid me!

[carriesmom]

First, here is the Arizona Residential Landlord Tenant Act Here: http://www.azsos.gov/public_services/publications/residential_landlord_tenant_act/Residential.pdf

This may help you figure out exactly what your remedies are.

Second, try calling Community Legal Services. They are free/low cost legal services in Arizona. They may not take your case but they can guide you.

Send a demand letter for your money. Cite the statutes (should be in that document). Then you can sue.

Small Claims is for up $2500.

But that ARLTA will spell out your rights.

[Melissa Bennett]

On sending any correspondence make sure you send it certified mail that requires a signature. Also maybe contact your state Attorney Generals office and ask them if there is anything they can do.

[BrattyMeg]

also make sure you keep a copy of any correspondence for yourself as well :)

[Megan Turnidge]

On sending any correspondence make sure you send it certified mail that requires a signature. Also maybe contact your state Attorney Generals office and ask them if there is anything they can do.

Yes, I'll be sending a certified letter soon... once I can actually get his mailing address. :( He never gave us his email or mailing address. We always paid rent to his mom who lived next door.

[BrattyMeg]

is his address not on your original lease?

[Megan Turnidge]

is his address not on your original lease?

Nope! we only got his phone number a couple months ago (we lived there a year). We did not have any contact information for him on our lease.

[Megan Turnidge]

Judge Judy!

lol!

[Sharon Kay]

Would Better Business bureau be able to help???

...or sometimes TV stations have something like a Call for Action ... and they can get the person to cough up the $$ because he/she doesn't want to be on TV ...

Good luck!

[KateD]

You could check online for his address. I'm pretty sure in my county the property records include a mailing address if the owner doesn't live there. They may in AZ also. Or if you go to the county offices, they may be able to look it up for you. That type of information seems like it would be public record.

[ColleenSwerb]

Ugh, good luck hon! We had to take a landlord to small claims court too and it was a huge PITA and took FOREVER. They got lucky with the judge and technically won, but their lawyer knew we would be appealing and they would lose, so we ended up "settling" out of court. We didn't win any money, but they didn't give us any money, so we ended up losing out on close to $1k. Sucked monkey balls.

Hopefully you can get this settled soon and without a need to go to court. It's SO stressful and takes forever.

[SweetMelissa]

We had a land lord try to short sell the house we rented from him & then we moved out and he tried saying we trashed the house & that's why he couldn't sell it therefore he couldn't pay the bank back so the house got foreclosed on. I called a free legal aid hotline and it took me about three days but I finally tracked someone down who could help us and they did it for free. But you will get the run around on the fee legal aid hotlines. I got told so many times that there was "no one who could help me" but I knew that was B.S.

Besides that I'm not really sure what you can do.

[Julie Billingsley]

good luck! Before you go to small claims court really read over your contract. My sister had this same thing happen to her and she went to small claims court over it. The judge ended up ruling for the landlord because her contract said any cleaning fees and damages would be taken from the deposit. My sister had left the house in pristine condition, but she had nothing that proved that. The word of neighbors didn't matter. She would have needed a signed paper from the landlord that said it was perfect. So she lost out on her deposit. See if your contract has any wiggle room on what the landlord can keep the deposit for, because that is where your battle will be. Good luck!!

[adrianka]

good luck! Before you go to small claims court really read over your contract. My sister had this same thing happen to her and she went to small claims court over it. The judge ended up ruling for the landlord because her contract said any cleaning fees and damages would be taken from the deposit. My sister had left the house in pristine condition, but she had nothing that proved that. The word of neighbors didn't matter. She would have needed a signed paper from the landlord that said it was perfect. So she lost out on her deposit. See if your contract has any wiggle room on what the landlord can keep the deposit for, because that is where your battle will be. Good luck!!

Oh, I can see it can be as ugly in US as anywhere else. Me and my exoommate lost a considerable sum of money (a four-digits sum in euros) that we paid as deposit (deposited in a bank on MY account! But they simply gave OUR money to the landlady when she wrote them!) even though we let the apartment be cleaned by a cleaning company. We decided not to sue her, because we wanted never to hear from her again, but stilll, that was plain stealing on her part.

Meg, I wish you luck!

[Megan Turnidge]

good luck! Before you go to small claims court really read over your contract. My sister had this same thing happen to her and she went to small claims court over it. The judge ended up ruling for the landlord because her contract said any cleaning fees and damages would be taken from the deposit. My sister had left the house in pristine condition, but she had nothing that proved that. The word of neighbors didn't matter. She would have needed a signed paper from the landlord that said it was perfect. So she lost out on her deposit. See if your contract has any wiggle room on what the landlord can keep the deposit for, because that is where your battle will be. Good luck!!

It's not a deposit he owes us. He owes us a full month of rent that we paid before we even moved in.

[Julie Billingsley]

oooh. So it's the last month's rent. I'm guessing you paid the last month anyway?

Sounds like he wouldn't have a way to wiggle out of paying that back since you double paid for that last month. A lot of people would fold and give it back if they knew you were taking them to small claims court. I wish you luck!

[profiler_mar]

Lots of luck to you Megan! I would defintely follow Liz's adivce, that is free legal advice right there, woot! :thumbup:

[Megan Turnidge]

oooh. So it's the last month's rent. I'm guessing you paid the last month anyway?

Sounds like he wouldn't have a way to wiggle out of paying that back since you double paid for that last month. A lot of people would fold and give it back if they knew you were taking them to small claims court. I wish you luck!

Yup! This exactly! He has absolutely no reason not to refund it.

[crecia27]

We (myself and 2 roommates) had this issue. We found a lawyer that would wait for payment for the settlement. We could prove we'd sent certified mail demanding payment and she had refused to sign for it. We went to court and she had to pay us 3 times the deposit, court costs + $100 ( NO idea what that was for). Unfortunately it did take quite a few months. Have you send a demand letter via certified/return receipt?

[Megan Turnidge]

Have you send a demand letter via certified/return receipt?

I will as soon as I can actually get his mailing address. :cursing:

[lauren grier]

I've never. in 10 years of apartment living.. successfully gotten a deposit back. :| I wish you luck chickie.