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As it has become part of our tradition Team Dodge & Vega participated in the final year

of London’s Run. The team did an outstanding job and all members achieved personal records

in the half-marathon.

We are very excited to have been able to contribute to the great success of

this event. According to event organizers 50 pints of blood were donated at the blood

drive, 78 bone marrow registry donors and over $40,000 was raised to help Arizona

families in need!

 

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Don’t Forget To Account For The Deposit

From time to time we meet property owners who forget to account to former tenants for their security deposits. Unfortunately, without the proper assistance of an attorney this oversight could end up in a lawsuit and damages imposed against the landlord.

Arizona law is very specific as to the management of security deposits. Arizona Revised Statutes 33-1321 states in pertinent part:

D. Within fourteen days, excluding Saturdays, Sundays or other legal holidays, after termination of the tenancy and delivery of possession and demand by the tenant the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant, if any. Unless other arrangements are made in writing by the tenant, the landlord shall mail the itemized list and any amount due, by first class mail, to the tenant’s last known place of residence.

E. If the landlord fails to comply with subsection D of this section the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld.

Following the termination of a tenancy, delivery of possession and demand by the tenant the landlord must send the former tenant, within 14 working days, a statement of how the security deposit was used or applied. One of the key terms in the statute is itemized statement. A simple or vague description may not be sufficient to inform the tenant or comply with the statute.

If a landlord wants to avoid a potential dispute over security deposits it is crucial that she send a detailed statement. Arizona law allows the owner to apply the security deposit to things like unpaid rent, damages to the property and other charges owed under the lease. However, as previously stated these charges must be written with appropriate details to the former tenant.

The statute only requires that the statement be mailed via first class mail to the last known address which in many cases is the former residence. While the costs for certified mail may be more we recommend sending it via certified mail so that you can keep track and verify compliance with the mailing requirement if the need arises.

If you run into any issues dealing with security deposits feel free to contact our office at 480-656-8333 or email me at [email protected].

You Served Your Notice How?

Landlords beware! It is common for a landlord to call our office to go over the process necessary for evicting a tenant. While discussing the factual background leading to the potential eviction it has become our practice to ask “How did you serve the notice?” The response to this question is critical to the eviction process.

The Arizona Residential Landlord and Tenant Act provides only two legal ways to serve a notice to a tenant. ARS 33-1313 (B) states in pertinent part

in the case of the tenant, it is delivered in hand to the tenant or
mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication or, in the absence of such designation, to his last known place of residence. If notice is mailed by registered or certified mail, the tenant or landlord is deemed to have received such notice on the date the notice is actually received by him or five days after the date the notice is mailed, whichever occurs first. (Emphasis added.)

In Hand

In hand means exactly that; you must put the notice in the hand of the person who signed the lease. Please note that sliding the notice under the door, posting on the door and similar actions may not alone constitute service of the notice. Should you decide to go to court using this type of attempt you may run the risk that your eviction may end up getting dismissed. It does not mean that the tenant gets to stay in the property without paying and/or the tenant does not owe the rent. It means that you have to start the process of eviction all over again.

Registered or Certified Mail

If you were not able to put the notice in the tenant’s hand Arizona law allows, in these cases, service via registered or certified mail. While some of these services may cost a bit more in the long run the additional expense may save you time and money in completing the process for evicting a tenant. As a practical matter we have found that most of our clients use certified mail in these cases. While it is not necessary to send the certified mail via return receipt requested this additional service will serve as evidence of compliance with the statute in case you end up having to go to trial or even if there is a question of service.

You must be aware that any notice served via the mail will only be deemed received by the tenant 5 days from the day the notice was mailed or when the tenant signs the green card included in a return receipt request. In other words if you are sending a 5-day notice for non-payment of rent the tenant may end up having ten days to cure the non-payment. You may not be able to file your eviction action until the mailing plus cure time has expired. It does not matter whether the tenant accepts the certified mail or not, by law, it is deemed received five days from the time it is mailed.

The first step in any eviction action is notice. Make sure you properly deliver the notice and let us help you with the rest of the process. If you have any questions or concerns please do not hesitate to contact us at [email protected] or 480-656-8333.

You Served Your Notice How?

 

Landlords beware! It is common for a landlord to call our office to go over the process necessary for evicting a tenant. While discussing the factual background leading to the potential eviction it has become our practice to ask “How did you serve the notice?” The response to this question is critical to the eviction process.

The Arizona Residential Landlord and Tenant Act provides only two legal ways to serve a notice to a tenant. ARS 33-1313 (B) states in pertinent part

in the case of the tenant, it is delivered in hand to the tenant or
mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication or, in the absence of such designation, to his last known place of residence. If notice is mailed by registered or certified mail, the tenant or landlord is deemed to have received such notice on the date the notice is actually received by him or five days after the date the notice is mailed, whichever occurs first. (Emphasis added.)

In Hand

In hand means exactly that; you must put the notice in the hand of the person who signed the lease. Please note that sliding the notice under the door, posting on the door and similar actions may not alone constitute service of the notice. Should you decide to go to court using this type of attempt you may run the risk that your eviction may end up getting dismissed. It does not mean that the tenant gets to stay in the property without paying and/or the tenant does not owe the rent. It means that you have to start the process of eviction all over again.

Registered or Certified Mail

If you were not able to put the notice in the tenant’s hand Arizona law allows, in these cases, service via registered or certified mail. While some of these services may cost a bit more in the long run the additional expense may save you time and money in completing the process for evicting a tenant. As a practical matter we have found that most of our clients use certified mail in these cases. While it is not necessary to send the certified mail via return receipt requested this additional service will serve as evidence of compliance with the statute in case you end up having to go to trial or even if there is a question of service.

You must be aware that any notice served via the mail will only be deemed received by the tenant 5 days from the day the notice was mailed or when the tenant signs the green card included in a return receipt request. In other words if you are sending a 5-day notice for non-payment of rent the tenant may end up having ten days to cure the non-payment. You may not be able to file your eviction action until the mailing plus cure time has expired. It does not matter whether the tenant accepts the certified mail or not, by law, it is deemed received five days from the time it is mailed.

The first step in any eviction action is notice. Make sure you properly deliver the notice and let us help you with the rest of the process. If you have any questions or concerns please do not hesitate to contact us at [email protected] or 480-656-8333.