Having a judgment removed in Arizona - URGENT

[xXIDaShizIXx]

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@Anonymous wrote:

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@Anonymous wrote:
Nope, don't pay them. They served you with the notice to vacate, the onus is on them. Bet if your attorney chats with their attorney, and explains exactly how many ways you can sue them and win, they will slink off with their tails between their legs.

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This ^^^^ sounds like good advice to me.

They forced you to leave, you incurred lots of time, energy, and expense, and now they want you to compensate them for over reacting too quickly?

It makes as much sense as though they injured you with a knife cut and you had to go to the ER, and now they want you to also donate a pint of blood!

I would ask your attorney to address this one also and get something in writing confirming it is finished and you dont owe anything.  From everything I've read about the management company here, this has a good chance of showing up on your CRs in the future.  

In the past, I owned four rental properties in Ohio and I believe you can only recover 'missed rental fees' for a specific 'reasonable' time, and if the unit becomes rented, the prior obligation is no longer in force.  The landlord must make all attempts to get it rented again as quickly as possible.   I rarely got one month's rental if someone skipped and never anything if I had to evict.  It was pretty much just keep the security deposit to get it cleaned up and serviceable again.  I did use a property management firm for the last two or three years and it didnt make any difference about recovering missed rent.

GL

GL

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Funny thing is, they have already rented it out. At most they could charge me for 3 days, because our rent was paid through November 4th. My attorney made it very clear in her letter to them that it was ridiculous and illegal what they were doing. I agree we should not have to pay them, especially since they evicted me for something that technically does not even exist as far as a background check is concerned. The property manager is just butthurt because a month before this happened, they illegally towed my wifes car and had to reimburse us for the tow payment.

[Anonymous]

I dont see any 'case' at all for them to recoup rent payments if its already rented.  The intent would be to 'make them whole', meaning no loss of income, and they are already collecting again.

I just hope you can get some solid assurance its over, so you dont have to deal with this again if they try to get something on your credit.  If you have to get your attorney involved again in four months if it goes as a collection or late, it would be time to sue.

I agree they are trying to be vengeful.

If it were me, I would be glad to be out of there with a different address.

[xXIDaShizIXx]

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@Anonymous wrote:

I dont see any 'case' at all for them to recoup rent payments if its already rented.  The intent would be to 'make them whole', meaning no loss of income, and they are already collecting again.

I just hope you can get some solid assurance its over, so you dont have to deal with this again if they try to get something on your credit.  If you have to get your attorney involved again in four months if it goes as a collection or late, it would be time to sue.

I agree they are trying to be vengeful.

If it were me, I would be glad to be out of there with a different address.

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Yes we are going for a full settlement, where both parties walk away with nothing owed. My attorney has already sent me a copy of the drafted letter. Once it is signed, they will not be able to contact me, sue me for the incident, nor will they be able to report anything to collections or seek a judgment. I have to say my attorney is amazing and has really gotten on the ball, so I'm thankful for that. And yes, we love our home. So glad to be out of apartments at this point.

[Anonymous]

I am glad to see this is working out for you. That rental manager seems like a real special piece of work. 

[xXIDaShizIXx]

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@Anonymous wrote:

I am glad to see this is working out for you. That rental manager seems like a real special piece of work. 

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Oh she is. Funny thing is she just got the job about two months ago. Thank you for being supportive. Hopefully we can get back to normal living and replenish that now empty savings account!

[xXIDaShizIXx]

As an update, the attorney for the apartments has ignored us for a week straight. I have not received a collections notice or any communications from the apartment complex, property managment company, nor the attorney's office. He received the certified letter, but has yet to respond. My attorney noted in the letter she sent to immediately send her the information for collections if they decided not to settle. Shouldn't I (or my attorney), be notified of collections actions by now? Its been over three weeks since the incident occurred. 

[Anonymous]

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@xXIDaShizIXx wrote:

As an update, the attorney for the apartments has ignored us for a week straight. I have not received a collections notice or any communications from the apartment complex, property managment company, nor the attorney's office. He received the certified letter, but has yet to respond. My attorney noted in the letter she sent to immediately send her the information for collections if they decided not to settle. Shouldn't I (or my attorney), be notified of collections actions by now? Its been over three weeks since the incident occurred. 

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I agree with you again, it is suspicious.  In this case, no news is not necessarily good news.

I would not trust the property manager or their attorney at all.

I would remain as vigilant as possible and subscribe to as many free sites that will monitor CR activity as possible.

Please let us know how this plays out for you, I am fully vested in it now.

GL

[xXIDaShizIXx]

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@Anonymous wrote:

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@xXIDaShizIXx wrote:

As an update, the attorney for the apartments has ignored us for a week straight. I have not received a collections notice or any communications from the apartment complex, property managment company, nor the attorney's office. He received the certified letter, but has yet to respond. My attorney noted in the letter she sent to immediately send her the information for collections if they decided not to settle. Shouldn't I (or my attorney), be notified of collections actions by now? Its been over three weeks since the incident occurred. 

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I agree with you again, it is suspicious.  In this case, no news is not necessarily good news.

I would not trust the property manager or their attorney at all.

I would remain as vigilant as possible and subscribe to as many free sites that will monitor CR activity as possible.

Please let us know how this plays out for you, I am fully vested in it now.

GL

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After much back and forth, the property manager agreed to drop all collection actions, judgment actions, and any further suit indefinitely and a settlement and release was signed and the confidentiality clause was removed, so I'm free to talk about it. At this point it looks like it finally over.

[Anonymous]

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@Anonymous wrote:

Sorry but am I the only one who is not understanding this......There are many renters laws to protect us, I dont think they can just give you that short of notice....all this just sounds a little hokie if thats even a word.

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I looked it up and AZ does have a law allowing a 24 hour eviction for "Criminal Activity" - however one does actually have to be charged and convicted of a crime. OP was never charged with anything, only arrested then released.

[Anonymous]

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@xXIDaShizIXx wrote:

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@Anonymous wrote:

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@xXIDaShizIXx wrote:

As an update, the attorney for the apartments has ignored us for a week straight. I have not received a collections notice or any communications from the apartment complex, property managment company, nor the attorney's office. He received the certified letter, but has yet to respond. My attorney noted in the letter she sent to immediately send her the information for collections if they decided not to settle. Shouldn't I (or my attorney), be notified of collections actions by now? Its been over three weeks since the incident occurred. 

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I agree with you again, it is suspicious.  In this case, no news is not necessarily good news.

I would not trust the property manager or their attorney at all.

I would remain as vigilant as possible and subscribe to as many free sites that will monitor CR activity as possible.

Please let us know how this plays out for you, I am fully vested in it now.

GL

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After much back and forth, the property manager agreed to drop all collection actions, judgment actions, and any further suit indefinitely and a settlement and release was signed and the confidentiality clause was removed, so I'm free to talk about it. At this point it looks like it finally over.

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Glad its working out for ya!