New landlord holding money.

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dillerboi

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I need some advise. We had a potential new landlord with whom we had a decent relationship with. There were going to be several renting the house. On the day the money was due and the lease to be signed, one of the roommates backed out with no notice. This put us short on funds. We explained this to the new landlord and told him we would have it the next day. At this point we had given him a $300 deposit and an additional $500 that day. At this point, we were due to move in but since not all funds were in he did allow us access to the garage to move things in. He also insisted we sign the lease, which we did. As it turns out, by the deadline of 5:00 the next day we found someone else to take the room but they couldn't come the entire amount due. They needed until the next morning. We were able to cover a portion of the remainder. We were able to give the landlord $700 more. We still short $300 due to a pet deposit and a installment payment on a couple pieces of funiture we made a deal with him on.

When we were not able to come up with the entire amount, things went immediately downhill with him. He started accusing us of stringing him along and wasting his time. He started talking about how he shouldn't have rented to us, blah, blah. He then called and had the locks changed on the house and the garage door opener code changed. He also called a friend who is a police officer and said that we had threatened things and asked him to watch the house while they were gone for 5 days. So here there we were, no keys, no garage to store things in, a signed lease, access denied, and the amount of $1500 in the hands of a man who was being unreasonable.

Up to this point, he is still refusing to return the money saying he has a legal binding contract. He has said he is keeping at least $1300. He also said that if he gets the place rented soon, he may prorate some of the money. But don't I have a lease and rights to the property? I don't know what to think, do, say, act. Help!!!!!!! Anyone know Arizona law? Nowhere in the lease does it say that any monies are nonrefundable. H
 
This may help...it covers the landlord/tenant law for Arizona:

http://www.law.arizona.edu/library/research/guides/landlord_tenant.cfm?page=research

Pay particular attention to the section that's listed "What can a landlord do if a tenant breaches the rental agreement?" (i.e., in your case not coming up with the entire rent at move in).

More specifically, review what a landlord CANNOT do; they cannot kick you out, change locks, physically remove you WITHOUT a court order granting an eviction. There are steps that must be taken before an actual eviction can take place, including notifying the tenant that they have so many days to remedy the breach. IF the breach has been taken care of in that time period the process of eviction goes no further.

Gail
 
Thank you Gail,
It's not the most interesting reading but it is quite enlightening. I think we just might have a chance getting our money back. Thank you, thank you, thank you.
 
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