Legal Question in Real Estate Law in Arizona

My family and I were looking for a rental house and when we found one we were interested in we called the owner to ask if someone could come to property to to let us in so we could look around the inside. The owner instead of sending someone to come let us in, the owner provided me the lockbox code (the lockbox was on the front door and with a code you could open to get key out) so that we could take a look at the inside. We went inside and took a look around and then i called the owner and informed him that we were really interested in the property. and he and myself and the two family members that were with me met up w/ the owner to fill out application and put down a deposit to hold the house. the Owner also informed us that later today if we wanted to show the other family members that we not with us at the time we could that the house had electric so we would be able to see. So later that night we took my mother in law to see the house, while we were there we found a lot of mold under the kitchen sink and it was so bad that you could go in the bathroom and see the mold in the kitchen cause there was a big whole in the wall between the two. So the next day I tried to get a hold of the owner to notify him of this and he said no problem dont worry about it well fix it. Well then for the two days that follow I cant reach him and his mailbox is full so I cant leave any messages. (Mind you we filled out the app on wed and we were supposed to sign the lease on friday) Well after work on Thursday throughout the day actually while I was on lunch and break I tried to reach the owner and no response and he never answered. This continued through Fri. Finally on Saturday I get a message on my message stating that we shouldnt worry about the mold he would take care of it and then in the same message he states oh yeah by the way the house was broken into threw the lockbox and on the front door and that he was pressing charges against myself and my two other family members for the damage and he has no choice but to proceed? First can he do this? and for him to do this what kind of proof is he going to need. I know that we didnt do it but how does he think he can justify this? He is going to have to show some proof that we did it correct? And if so what kind of action can I take for this situation against him since I didnt do it and he is calling and threatening me on the phone that he is going to press charges and he will see me in court, and he is also stating in the message that he knows where I work and he will make sure that his lawyer comes to see me at work (so now he is threatening to come to my workplace and cause an issue which potentially could really effect me negatively at the workplace. What should be my next step?


Asked on 5/15/10, 6:17 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

You did not mention how much of a deposit you gave the owner or what happened to that money. Anyone can make a theft complaint, however, the police detective would then ask you what happened and who was with you, and would probably conclude that you had nothing to do with any theft.

The more I think about this, it seems to me to be a potential scam, to keep your deposit money.

I wonder if the guy you met, actually owns the house. Either way, he must pay the deposit money back to you, he has no legal right to keep the money. He has no right to harass you at work or to call and threaten you. Again, it sounds like he is trying to get more money from you.

You should consult with legal counsel about what to do, or you can call the police and discuss with them about making your own complaint about this guy and what he has done to take your money.

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Answered on 5/20/10, 9:08 pm


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