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John Fyke

John Fyke’s Answers

3 total

  • Property manager failed to return security deposit in 14 days.

    Property manager failed to return security deposit in 14 days. he purchased the certified mail on the 14th day but did not mail it untill 8 days later. I have confirmed with post office. so can i now sue for the difference of what he sent back...

    John’s Answer

    The applicable section of the Arizona Landord Tenant Act is 33-1321, which states in subsection 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.

    You should seek independent legal counsel with regard to your unique situation.

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  • How do I get the owner of the condo above me to pay?

    I have a lower level condo. The condo above me had a water leak from the refrigerator that caused about $5,000 damage to my condo. The HOA told her that it is her responsibility. She is refusing and says that she does not have insurance. She has a...

    John’s Answer

    More information is necessary to determine any available courses of action you can pursue to seek reimbursement for the damage you have sustained. One such course of action may be to engage an attorney to draft a letter addressing why the above owner is likely liable for the damages you have sustained and demand reimbursement. In the event the owner refuses to take responsibility, you may be forced to file a lawsuit against the owner. Another option is to address the damage with your insurance provider and possibly make a claim. Either way, it is recommnended that you seek legal counsel in order to determine the best avenue for recourse.

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  • My home currently is in the modification stages with Chase. I am divorced and ex spouse is on deed.

    Loan was in my name only. Judge said she has to quick deed the home to me if it would help with the modification. What happens if she refuses to quick deed?

    John’s Answer

    if your ex-spouse is unwilling to deed his or her interest in the residence, the other option may be to sell the residence. However, because two or more person own the residence, generally all owners would have to be in agreement to sell. When two or more individuals who own a residence jointly are not in agreement about whether to sell or how to manage the property, one of the owners may, under certain circumstances, be able to compel the other owner(s) to sell the property and distribute the proceeds appropriately. Pursuant to A.R.S. 12-1211, "an owner of real property may compel a partition of the property by filing a complaint in superior court of the county in which the property is situated." And, if the loan is greater than the value of the residence, a short sale may be required if the lender approves, which it is not obligated to do so.

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