questions & answers

Question: I AM CURRENTLY RENTING A HOME THAT WAS IN FORCLOSURE BEFORE I MOVED IN AND KNEW NOTHING ABOUT. I SIGNED A 18 MONTH LEASE AND AFTER JUST TWO MONTHS, I HAVE TO MOVE OUT. IS THERE SOME LEGAL RIGHTS THAT I HAVE TO RECOUPE SOME OF MY MOVING EXPENSES AND DEPOSIT?

Answer:

You may want to fill out a form for the Lawyers Helping Homeowners program. The program helps both people who are being foreclosed as well as individuals renting a home that is being foreclosed. In addition, for legal help, you can go to the housing section of the website and select your county from the drop down menu in the “find legal help” box on the lower right hand corner of the page.

The Arizona Residential Landlord and Tenant Act governs the lawful and unlawful behavior of landlords and tenants and can be found under §§ 33-1301- 1381 of the Arizona Revised Statutes. A.R.S. §§ 33-1361-33-1377, deals specifically with remedies for breaches by landlords and tenants. A.R.S. § 33-1367 deals with remedies for tenants based on the landlords’ unlawful exclusion or removal of the tenant from the rental property. Under A.R.S. § 33-1367 a tenant may recover possession of the rental unit or terminate the rental agreement after being excluded from the property. Whatever the tenant decides, under the statute he or she can file suit to recover either for an amount not more than two months' rent or twice the actual damages sustained by him or her, whichever is greater. See A.R.S. § 33-1367 (2008). If the tenant chooses to terminate the rental agreement, the landlord shall return all security recoverable under §33-1321. Under A.R.S. § 33-1321(d), after the rental agreement has been terminated, the landlord may take any property or money for the payment of unpaid rent that is owed and damages caused by the tenant. After the rental agreement is terminated and the property is returned to the landlord, a tenant may ask the landlord in writing for return of the remaining refundable deposit and an itemized list of all deductions within fourteen days of the end of the agreement, excluding Saturdays, Sundays or other legal holidays. Unless other arrangements are made in writing by the tenant, the landlord should mail the itemized list and any amount due, by first class mail, to the tenant's last known place of residence. See A.R.S. § 33-1321(d) (2008). A.R.S. § 33-1321(g) also states that whoever owns the property at the termination of the rental agreement may be bound by this section. These statutes do not take into account any contracts, which might have specific clauses dealing with refundable versus non-refundable deposits, breaches of contract and applicable legal remedies.