Legal Question in Real Estate Law in Arizona

Got a Phoenix property rented out through a property mgmt company. Unfortunately, this property mgmt company closed due to issues with the AZ Dept of Real Estate - something to do with embezzlement of funds. That said, I am told I might not get the security deposit back and some of the other deposits (ie. cleaning, pet, etc.). My question is, who is responsible for this? Is it the tenant's loss or am I responsible as the owner to pay this off? That money never got passed on to me as it was between the tenant and the property mgmt company but am I liable for it? What would you do in this scenario?


Asked on 2/01/12, 4:58 pm

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

You are the property owner and the management company was your agent. You are responsible for what they did and did not due on your behalf, not the tenant. You can make a claim against them with the ADRE or you can sue them directly for damages. I recommend that you get control of the property and the relationship with the tenant asap.

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Answered on 2/01/12, 5:43 pm


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