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Foreclosed Rental And Ex-landlord No Returning Our Security Deposit

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Foreclosed Rental And Ex-landlord No Returning Our Security Deposit

Postby Bemabe » Wed Nov 23, 2016 4:47 pm

I live in Phoenix, Arizona.  Last year I signed a 3 year lease agreement with a move-in date of 9/1/2009 and end date of 09/1/2012.  The terms where $1100.00 monthly rent and a $1100.00 security deposit which where paid before moving in.  I paid every single month on time and every time until April 29th(which was for May 2010 rent) and on May 3rd I found that the house had gone up for auction- bank ended up taking it back.  I tried contacting my landlord and he claimed that he was "working" with his lender and that it was all a mistake, of which he never showed any piece of evidence or documentation to put me at ease.  Shortly after the auction day, I requested my deposit back and he told me he did not have any money and that he was filling for Chapter 7.  I insisted via email that he promptly return my deposit and told him about AZ statue 33-1321 "security deposits" and how his chapter 7 wouldn't affect him owing me my security deposit.

Well, last week i received an "order reinstating chapter 7 proceedings" and it says that he added me as a creditor.  I went to the court to file a complaint objecting to the discharge, but found out that the filling fee is $250 dollars.  Is it even worth to go through with the complaint? And, if the judge does decide that my security deposit is "non-dischargeable", can he rule for my ex-landlord to pay me my deposit back on the spot or do I have to proceed to taking him to small claims and end up never seeing my "security deposit" back?

The new trustee has given us until Aug 1st to move out and will provide us with cash for keys to move out- thank God!  But that doesn't mean that my ex-landlord should get away so easily.
Bemabe
 
Posts: 29
Joined: Wed Jan 22, 2014 7:27 am

Foreclosed Rental And Ex-landlord No Returning Our Security Deposit

Postby hozai79 » Thu Nov 24, 2016 4:19 am

Hi Raul -- if you'll email me the case number I can provide you with a better idea of what to do.  If this clown has an asset case cooking, you should file a claim as you would have priority in getting paid out of whatever assets there turn out to be, but that will take a long time and you may not get all of your money back.

As for the fraud action, it's not a bad idea and you'll get a good idea of how the court system works if you do it yourself.  What that will do assuming you win, is make your claim non-dischargeable for life for one thing, and if he has assets you can attach them post-bankruptcy.

My email is:  [email protected] and please put all experts question in the subject line.

This may work out to your benefit after all!

Lee Horner

Goldstein, Horner & Horner, Attorneys

Tucson, AZ

www.freshstartAZ.info  
hozai79
 
Posts: 61
Joined: Wed Jul 31, 2013 8:39 am

Foreclosed Rental And Ex-landlord No Returning Our Security Deposit

Postby Bertin » Mon Nov 28, 2016 12:52 am

I live in Phoenix, Arizona.  Last year I signed a 3 year lease agreement with a move-in date of 9/1/2009 and end date of 09/1/2012.  The terms where $1100.00 monthly rent and a $1100.00 security deposit which where paid before moving in.  I paid every single month on time and every time until April 29th(which was for May 2010 rent) and on May 3rd I found that the house had gone up for auction- bank ended up taking it back.  I tried contacting my landlord and he claimed that he was "working" with his lender and that it was all a mistake, of which he never showed any piece of evidence or documentation to put me at ease.  Shortly after the auction day, I requested my deposit back and he told me he did not have any money and that he was filling for Chapter 7.  I insisted via email that he promptly return my deposit and told him about AZ statue 33-1321 "security deposits" and how his chapter 7 wouldn't affect him owing me my security deposit.

Well, last week i received an "order reinstating chapter 7 proceedings" and it says that he added me as a creditor.  I went to the court to file a complaint objecting to the discharge, but found out that the filling fee is $250 dollars.  Is it even worth to go through with the complaint? And, if the judge does decide that my security deposit is "non-dischargeable", can he rule for my ex-landlord to pay me my deposit back on the spot or do I have to proceed to taking him to small claims and end up never seeing my "security deposit" back?

The new trustee has given us until Aug 1st to move out and will provide us with cash for keys to move out- thank God!  But that doesn't mean that my ex-landlord should get away so easily.
Bertin
 
Posts: 41
Joined: Thu Jan 30, 2014 3:12 am


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