Legal Question in Landlord & Tenant Law in Arizona

Covenant of Goodfaith and Fair Dealing

When I moved out of my apartment I informed the manager 2 months prior per my lease requirements, I received her permission. Unfortunatley I did not receive it in writing. However, I verified with her on 4 seperate occassions what my total move out cost would be and I was only to pay back the incentive (approx $546). A month after I moved out I got a bill for $1200. I called the manager and she told me I was charged a releasing fee, even though a new tenant moved in three days after I moved out. I disputed the fee and she said she would go back to her boss and get it worked out. I didn't hear back from her and left several messages with no reply. I got a collection letter two months later. When I called I was told the manager no longer worked at the apartment complex and that there were no notes in my file about our converstations. They adamantly refused to negotiate with me and despite my many attempts to contact the apartment owners I was given no response what so ever. I was most frustrated that they would not contact the former manager to find out what had happened. I ended up paying them off to get them off my back. My position is htat they broke the cov. of good faith and fair dealing by not checking my story.


Asked on 1/19/06, 6:42 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Covenant of Goodfaith and Fair Dealing

If you felt this way initially, you probably should not have made any settlement payments whatsoever prior to consulting with an attorney, so you would not inadvertantly prejudice your legal rights and remedies. It may be too late legally to assert your rights against the collection agency now, but you may be entitled to indemnification from the original creditor. For a free phone consultation regarding this matter, contact us directly this week.

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Answered on 1/19/06, 7:04 pm


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