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Topspeed

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So, I'm seeking member opinions and any information you guys can give me on a legal problem I have to deal with in Yuma, AZ.

Background info:

My mother lives off her social security disability and was renting an apartment in Yuma. Back on Sept 16 she was admitted to the local hospital because she was having a very hard time expressing herself verbally. After a few tests it was determined that she probably had a brain tumor and she was airlifted to a hospital in Phoenix. It was decided by the neurosurgeons in Phoenix that she needed a Craniotomy.

On Sept. 19 a cancerous tumor was removed from her brain that was about the size of a racquetball. She spent a week in the hospital and it was determined that due to the various issues of damage that had been done from the tumor and the immense amount of support she was going to need that she could no longer live alone in her apartment. Thus the day after she was discharged from the Hospital she came to live with me in Utah.

Now, it appears that while she was in the hospital the apartment above hers flooded. We did not know this until the evening of Saturday Sept 24th when we entered her apartment to pack a few things to take with us immediately to Utah. We found the carpets sopping wet. The plaster ceiling above the bathtub had collapsed. You could see where water had run down the walls causing the paint or plaster of the walls to loosen and droop. I immediately went to the apartment managers office and he was of course gone for the weekend, in his window, however was a phone number to call for emergencies. So, I called the number, no one answered, and I left a message detailing the the damage, how to get hold of me, etc... Unfortunately, we could not hang around until Monday to talk with the manger in person because I had to get back to work. The apartment manager never called back.

Thankfully, we had some local church members in Yuma with whom I'd been in contact and who were planning on packing up Mom's belongings, so I could come down a week or two later and haul her stuff away. They were informed of the flooded apartment and got in contact with the manager on Monday morning. Since it had been several days since the flood happened the manager decided that it needed professional cleaning and hired a company to go in and haul out Mom's stuff and clean up the apartment. The church members were on hand when this happened (around Thurs the 29the of Sept) and claimed the items that were salvageable.

So, everything was out of the apartment by Fri the 30th. I have since talked with the manager a couple of times about Mom's deposit money. Two weeks ago he told me it should have been mailed to her within a week of having moved out and he would call the owner and call me back that same day to let me know what was going on. I have heard nothing from him. My calls go unanswered and he never responds to my very polite voice mail inquiries. It appears to me that they have no plans on returning Mom's deposit.

I attempted to call Southern Arizona legal Aid today about my options and after 45 minutes on hold was allowed to leave a voice mail. Any thoughts on further courses of action?

Topspeed

 
In short, you want to collect the security deposit, and have not received a response. First, sorry about your mom's health problems. You should already have a signed durable power of attorney for you to handle your mom's affairs. Assuming this is in order, you may send a letter that outlines the amount and basis of the debt, and any instructions for delivering the payment to the agent of record for the apartment complex. Send the letter Certified Mail and get the receipt. This is the usual first step, and may or may not require additional actions depending on the response. Normally for something like this you are seeking repayment or a small claims judgement on your mother's behalf to collect what is owed. You should probably research who the owner of the property is and serve them as well as the manager. Lease agreements or rental contracts normally have all the ownership details and procedures for return of deposits. Get the papers.

 
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They are hoping you will just go away after a few months of ignore mode. Do you have anyone that can show up on the doorstep, and show the Apt Mgr/Owner you might have moved, but have local support.

If the nice "please give me my money" is going ignored, I would suggest to them "calmly" you have no intentions on going away. Ultimately it's in their best interest to just pay what is rightfully your poor mothers to begin with.

Follow that with a letter sent registered mail.

 
... Silver that last link you posted I found mighty interesting.
The Key here is to have a Tracable Notice of Receipt of your request to the Landlord... and then wait for the 15th day?

Good Luck with getting your money back.

 
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Sorry to hear about your Mom.

I agree the certified mail is important and it tells the landlord your not fooling around anymore.

You didn't mention making a claim for your damaged property caused by the water damage. Whether or not you will pursue that, and I would, you should mention that prior to now you were not going to pursue it, but if the matter of the deposit is not resolved immediately you will pursue it vigorously, and the property will be paying your court costs. That should be a sufficient shot across their bow to get the deposit back.

 
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