[atbajko]

I've leased an one bedroom apartment for 24 Years, which is a very long period. Always I've paid my monthly rent in time. After a very thorough inspection when I've moved out from that rental apartment, my "Move Out Inventory" list has been signed by both, the Resident (me) and the Property Manager as well. Everything was find OK. All item boxes for "Move out condition, was checked as "GOOD".

After about a month period a new tenant has been moved in that apartment.

Does the Property Manager has the right to ask for the repair cost of some said-damages found after a long period, 4.5 Month after I've officially moved out, and a new tenant already moved in, leasing that apartment?

I would appreciate a legal, professional answer.

Than you, BA

[joypulv]

Laws about this go according to locale. If you want us to look up the statutes, we need your general location.

But I think it's safe to say that in general, a landlord has 30 days to inspect an apartment and identify damage. 4.5 months is well into the realm of ridiculous, especially after someone else moved in. And I can't imagine 'damage' that doesn't fall under normal wear and tear after such a long time anyway. I would ignore any demands. If you want to reply and want help with it, let us know.

You really had a lease for 24 years???

[Fr_Chuck]

If it was all signed off, and not found, after you moved out. It is doubtful.

What damage is it? That will help.
Also where is this at

[ScottGem]

I would respond to them with a copy of the move out checklist. Tell them that as per the checklist there was no damages that needed repair. Therefore, to try and bill for repairs at this late date is ridiculous.

If they try taking you to court they will lose.

[atbajko]

Thanks for all of you, who answered my question regarding that ridiculous demand from the Property Manager and the Management & Consulting, Inc. as well to pay (exactly $247.58) for repair of some electrical damages found after 4.5 Month I've moved out from that rental apartment, after 24 Years. As a matter in fact they didn't pay me back a Penny from the security deposit in amount of $150.00 I've paid in 1990, telling me that since this date the Apartment Complex had changed ownership twice. Your answers were very useful for me, categorically confirmed what I thought about all this. It would be very helpful and it is good to know by everybody, that the Apartment Complex name is (removed)

[joypulv]

Security deposits change hands when a building is sold, so that excuse is a poor one, and illegal to claim.
They owe you 150, and you don't owe a dime, based on time lapsed and based on inspection checklist.

[ScottGem]

It seems you are comfortable with losing the deposit. But I have a question, did they give you this excuse in writing? If so, how soon after you vacated?

In most states, the landlord MUST either return the deposit or a full accounting of how it was used within a time frame set by statute. If they do not comply, then they cannot withhold any part of the deposit. In some states failure to comply with deposit return laws can make them liable for triple damages. Without knowing your state we can't check the laws. But if they do decide to take you to court, then you counter sue for the return of your deposit.

[AK lawyer]

I agree with ScottGem regarding the deposit, and with what he and others wrote regarding the landlord's claim for damages months after the move-out checklist was signed off. I would add that normally electrical wiring damages would not be something caused by the tenant anyway, unless it was something that OP actually did.

On the other hand, if OP did modify the wiring, that might explain why the landlord didn't discover it until later (and make landlord's claim a good one).

[atbajko]

Thank you all again. Your answers were very useful for me.
Regarding the security deposit refund, they did not give me any excuse in writing.

In the received “Security Deposit Reconciliation” sheet received after 4.5 Month, wasn’t specified if it was an “Electrical Wiring” damage, it was only specified: “Electrical damage to unit/Repair”.
The Apartment Complex location is in Phoenix, Arizona. Area Code 85016. This information may help you to be more specific.
Would be a good idea to ask from the Property Manager for a copy of all receipts, and photographs showing exact what specific damages they discovered after 4.5 Month, which needed to be repaired and did cost that amount of money?

Respectfully, BA.

[joypulv]

NO. We already told you that you don't owe anything!

They just don't want to give you your deposit back.

Say this:

"Your inspection checklist dated _____ OKed all items, and you are long past the 30 days allowed by law to claim damages. I didn't do any damage anyway.

You owed my $150 security deposit back, also by law, within 30 days of my vacancy, and I have been advised that the property changing hands is not a legal excuse. Security deposits go with the sale of the building, and even if you didn't get them, you are liable to the tenants for them.

If I don't receive the $150 (which should be accruing interest since 1990!) within 14 business days from the postmark on this letter, I will contact the state and local housing boards that handle landlord/tenant laws, or consider suing in Small Claims."

Sincerely,
You

[ScottGem]

AZ § 33-1321. Security deposits
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.. .
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.
Arizona Security Deposits

So, they failed to comply with the 14 day requirement. Once that 14 days elapsed, they forfeited any right to the deposit and opened themselves up for damages. Even if you did cause those damages. Therefore you can sue them for $450, the $150 they wrongfully withheld and $300 in damages.

[atbajko]

Thank you all again. Your advices and guidelines were very, very helpful for me.
Now I can act, based on your professional advices and precise indications.

Respectfully, BA.

[ScottGem]

Glad to help, please write back and let us know the outcome.

[atbajko]

I am back with my unsolved matter and I would like to inform you about the outcome about the dispute with the XY Management and Consulting, Inc. located in Tucson, Arizona. After I’ve sent to them a detailed explanatory letter, based on your professional advices and guidelines regarding that ridiculous demand from the Property Manager and the Management & Consulting, Inc. to pay (exactly $247.58) for repair of some electrical damages found after 4.5 Month I’ve moved out from that rental apartment, after 24 Years.I attach here their response, received after two months I’ve sent out my letter to them.Quote:^^I am in receipt of your letter disputing the charges on the “Security Deposit Reconciliation”. Upon further review of your file the manager of the property has found that the charges to be valid, and the charges stand. The claims made in your letter that charges assessed on the Security Deposit Reconciliation are “limited by law to 30 days after the move out date” are not correct. The law does not put any time restriction on when a Revised Security Deposit Reconciliation or Reconciliations are sent out, and the original (the first one) SDR and letter that was mailed to you on 05/14/2014 (after 2 weeks) of move out date was written “Items may need revision”.If after thirty days, we have not received payment in full ($247.58) or developed a payment plan for the amount due, wewill refer this matter to a collection agency. Please send your payment, by return mail to the address at the bottom of this letter.XY Management and Consulting, Inc. Collection Department Tucson, Arizona^^.- END quoted text –After all this, my question would be if that “Smart” Management & Consulting, Inc. can bother me for infinite time, forever, a lifetime with their stupid demand?Could you please be more specific and to give me a detailed, specific AZ § XX-YYYY. Law Section or a specific http://www address, I could find as well I could show them, that the timeframe to claim damages are limited by law to 30 days (in Arizona State) after the move out date as you specified in your previous advice response, as follows: "Your inspection checklist dated _____ OK-ed all items, and you are long past the 30 days allowed by law to claim damages.” (joypulv Posts: on Sep 29, 2014 12:40 PM)I would appreciate so much your advices and guidelines regarding this matterThank you for your time helping me,Respectfully, BA.

[Fr_Chuck]

Deny it in writing, inform them they are wrong, and that you will not be paying, of course they will disagree often and hope you will just pay.

If they do turn it to collections, inform them that there is no payment due, and for any collect agency not to contact your further.

[ScottGem]

The law you are looking for can be found in Arizona Revised Statutes (Annotated) § 33-1321 Section D 33-1321 - Security deposits
D. Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of all rent, and subject to a landlord's duty to mitigate, all charges as specified in the signed lease agreement, or as provided in this chapter, including the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with section 33-1341. 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.

The law does not make any provision for revising the statement, but it doesn't prohibit it either. Also, there may be local laws that deal with it. So this is what I recommend.

Respond to their letter citing the above law. Something like this:

According to Arizona Revised Statutes (Annotated) § 33-1321 Section D, there is no provision for any revision of the statement. Nor do I believe it is reasonable to attribute any damage to me after such an extended period of time. Before, I can agree that I owe this money I will need to see a specific reference to any law that allows you to revise the SDR, especially at this point. I also need to see a detailed explanation of the damages and why you think it was caused by me.

I also need to advise you that any attempt to affect my credit rating until this is resolved will be fought by me. I hope to hear from you soon on this.

I would also try to find a local real estate attorney to ask about any laws. Or see if there is a local law school that runs a clinic, many do, that can answer such questions.