questions & answers

Question: I was evicted for nonpayment of rent March 31. April 2, I notified landlord with letter stating demand for whereabouts and costs for moving and storage of my property. Landlord replied with "when you pay me what you owe, plus moving and storage expenses, then we will talk." Landlord then gave me a $4500 moving and storage bill (her handwriting) in which same moving company quoted me no more than $1800. On the 20th day we contacted landlord where she said it is considered abandoned and that if we contacted her anymore she would file harassment charges on us. What do we do?

Answer:

§ 331362. Failure to deliver possession

A. If the landlord fails to deliver physical possession of the dwelling unit to the tenant as provided in section 33-1323, rent abates until possession is delivered and the tenant may do either of the following:

1. Upon at least five days' written notice to the landlord terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security.

2. Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages sustained by him.

B. If the landlord fails to deliver constructive possession to the tenant because of noncompliance with section 33-1324, rent shall not abate. Tenant may proceed with the remedies provided for in section 33-1361.

C. If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person an amount not more than two months' periodic rent or twice the actual damages sustained by him, whichever is greater.

For more information on the Landlord/Tenant act, go to: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf   You may want to consult with an attorney for legal advise.