questions & answers

Question: The home I rented went into foreclosure and was sold, unbeknownst to me or to the property management company (manager was not the owner). I made 2 rental payments to the management company during the time between the home being sold and us becoming aware of it. I made a CFK agreement with the new owner and requested my deposit, as well as the 2 rental payments back from the manager. They told me to give them a key and they would return my deposit, even though I made it clear I was not moving out. I returned my key and they refused to return my deposit or payments. Do I have any recourse?

Answer: Your legal rights concerning the two rental payments will depend upon what your specific agreement(s) with the manager and the new owner were. The details involved – as well as any evidence you may have to support your argument for the return of the two rental payments – will determine what the judge will decide should you choose to take that matter to court. As for your security deposit, any amount that was not expressly designated as nonrefundable in the rental agreement should be returned to you, less the amount of any damages the landlord suffered by reason of any noncompliance on your part with the rental agreement. Under Arizona law, upon receipt of demand by the tenant in the form of a signed and dated letter requesting the return of the security deposit, the landlord has 14 days (excluding weekends and holidays) to provide the tenant with an itemized list of any deductions along with the amount due and payable to the tenant. If the landlord fails to respond as required, then the tenant may recover not only the money then owing but also damages of twice the amount that the landlord has wrongfully withheld (A.R.S. 33-1321).