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| Need some renters legal help... https://gladerebooted.net/viewtopic.php?f=7&t=4931 |
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| Author: | Aegnor [ Fri Dec 10, 2010 10:32 am ] |
| Post subject: | Need some renters legal help... |
So a friend of mine was renting a house from someone. He had an $800 deposit that he had paid. His landlady lived in a house she owned that was about a block away. This past summer he and his family moved out, all according to the contract, and the property was in good condition. They did a walkthrough and the landlady had him fix some things (like paint the kitchen ceiling...why that was his responsibility I don't know). She said he would get his deposit in a week. That was the last he heard from her. He attempted to call her, left notes on the door, etc. He sent her a certified letter. No response. So he filed a claim in small claims court. The courts, of course, took forever. So they just recently attempted to server her. Apparently both houses are now vacant and for sale. They can't server her because they don't know where she is. She said a long while back that she may be transferring with her job. Is there any way that they can find out what her address is so that she can be served, or are they just screwed? They know where she worked, and I think they know what city she was going too. So they might be able to figure out where she works now. But I'm wondering if she can be served out of state or not, and if she can be served while at work. Any advice? |
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| Author: | Xequecal [ Fri Dec 10, 2010 11:22 am ] |
| Post subject: | Re: Need some renters legal help... |
Sucks for your friend, but the first rule of renting is that you never, ever, ever, ever get the deposit back. They will always find an excuse not to pay you. |
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| Author: | shuyung [ Fri Dec 10, 2010 11:29 am ] |
| Post subject: | |
The seller's agent should have a method of contact. If all else fails, they could file a lien on the home and prevent sale until the matter is resolved. |
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| Author: | Colphax [ Fri Dec 10, 2010 12:01 pm ] |
| Post subject: | |
What Shuyung said. Further, get a copy of the state's landlord-tenant laws. It's quite possible that failure to refund the deposit within a certain timeframe could result in punitive damages, which could elevate the case above small claims court and thus require a lawyer (in AZ, the renter gets 3 times the deposit back). From there, the decision basically becomes one of how much your friend is willing to put up with in expense and effort to get his money back. |
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| Author: | Aegnor [ Fri Dec 10, 2010 12:51 pm ] |
| Post subject: | |
Its doubtful that the seller's agent will give out any info. Also I don't believe you can put a lein in the house unless it is for work on the house. He could probably put a lein on the house for $25 as he mowed the lawn for her after he moved out, and stiffed him on that. |
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| Author: | shuyung [ Fri Dec 10, 2010 3:04 pm ] |
| Post subject: | |
If there are legal proceedings ongoing, I would be very surprised if the seller's agent refused to divulge contact information. Also, there are multiple types of liens. http://www.azleg.state.az.us/arizonarev ... p?title=33 |
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| Author: | Elmarnieh [ Fri Dec 10, 2010 3:11 pm ] |
| Post subject: | Re: |
Aegnor wrote: Its doubtful that the seller's agent will give out any info. Also I don't believe you can put a lein in the house unless it is for work on the house. He could probably put a lein on the house for $25 as he mowed the lawn for her after he moved out, and stiffed him on that. Kind of have to if its involved in a suit. |
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| Author: | Colphax [ Sat Dec 11, 2010 1:32 am ] |
| Post subject: | Re: Need some renters legal help... |
Arizona Landlord-Tenant act Your friend may need to hire a process server at his own expense. I'd also check to see if the houses are now bank-owned, should be easy to check with the city or county. It might be worthwhile to have your friend speak to a lawyer, even if it costs money for the consultation. |
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| Author: | Aegnor [ Sat Dec 11, 2010 3:29 am ] |
| Post subject: | |
Sorry, I should have mentioned, this is a friend of mine back in Kansas. He gets a half hour legal advise as a benefit at work. I think he should use it for sure. |
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| Author: | SuiNeko [ Sun Dec 12, 2010 1:47 pm ] |
| Post subject: | |
In the UK its held in escrow and there has to be evidence that any work that needs doing is not reasonable wear and tear... and the onus is on the landlord to prove its not reasonable, which is pretty subjective. |
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| Author: | LadyKate [ Sun Dec 12, 2010 6:59 pm ] |
| Post subject: | |
Sounds like she got him to do her "pre-sale" repairs and used his deposit to continue to pay the mortgage while its up for sale. That's pretty crappy....unless of course she went bankrupt or something and those houses are for sale by the bank. |
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