Legal Question in Real Estate Law in Arizona

Re: Maintenence of apartment complex

Read your lease. Normally a landlord has the right and the responsibility to keep the common grounds SAFE for all to enjoy. However, normally there should be a warning. In addition, the toys are personal property and taking and disposing of them is not right. If there is a rule against leaving things out there is a remedy spelled out in the lease, most of the time it is termination of the lease after notice and a time to cure the problem. Are there any other problems that you have had with the landlord? Is this retaliation for something else? Your problem is what can you do to get them replaced or returned. Not much short of a law suit and that always poses problems in a relationship that the landlord may then be looking for and excuse to get rid of you. Consult an attorney in your area...maybe legal aid.

Re: Maintenence of apartment complex

While commonsense my dictate more care in the toy department, I am deeply sympathetic to the feelings you must have regarding this mean action on the part of the manager. There are some questions which are important. Were you warned previously? Presuming not, the action seem s unreasonable. Secondly, are other allowed to have personal beonging out side, such as barbecues, clothes lines, bikes, etc.? If so, then you may argue that the condition of personal items outside the aprtment is otherwise permitted. While not my advice, due to the issue that monetary damages should govern the bringing of a lawsuit, you technically may claim "conversion" (the exercise of control over your items and refusal to return the items), and may sue for thie value of the toys. It is important to establish that the manager knew the toys were your son's, could have reasonably and esily made contact with you, and failed to do so. Your demand should be made in writing, itemizing the toys. Read you lease and any rules to see if there are any provisions which may help or hurt you. I sont know how a judge would react, but my response is that the action may have been mean, and unreasonable, if the above factors of notice, knowledge, and tolerance of others belongings are present. Further, if you are a minority and non-minorities are treated didfferently, there may be AZ laws providing additional relief. I offer no legal opinon, as I am a Colorado lawyer, but am also a Dad, and I can imagine how you fell. I would write to the building owner, and tell them of the situation.