Legal Question in Landlord & Tenant Law in Arizona

Hello and thanks in advance for your time and attention to this issue.

We had a tenant living with us for 4 months who gave us a Deposit in cash so there is no record that she ever gave us this Deposit.

She left the premises and we are not happy with the way she left our immaculate room and bedroom (as per when she came in).

We told her we would not return the Deposit and she is threatening suing us in return.

We intend to close this case by returning the money but can she prove that there was even a Deposit involved since there is no physical proof of it?

We never had a legal situation to deal with and want to stay out of it but would like to know what's at stake when we are being threatened and if there's something we can do to protect ourselves.

Thanks again,

Maria


Asked on 3/14/11, 5:24 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

There are not enough facts to determine what she can prove or not. If she damaged your property, you are entitled to deduct that from the security deposit. Your questions may be answered by the AZ Landlord Tenant Act, a copy is available at any Justice Court and online.

If you are going to pay her, I would get her to first sign a "release of all claims" against you, that will protect you from her making any other claims.

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Answered on 3/14/11, 9:08 pm


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