I want to know how I can go about suing my property management company for an “illegal move-out.”
March 19, 2025
15
4
The first step: Send a demand letter, preferably via Certified Mail, to the property manager and/or the management company’s main office.
In this letter, you will:
- Demand that they acknowledge in writing that they will cease collecting the $4,500.00 and that you do not owe it.
- If you incurred any out-of-pocket moving expenses as a direct result of this, you can also demand that they reimburse you for those within 30 days.
The second step: If they fail to respond or refuse, then you will need to file a lawsuit in the local Justice Court where the property is located.
Filing the Lawsuit
- This is done by drafting a complaint that complies with Arizona Rules of Civil Procedure.
- After filing, you will receive summons (and complaint copies) which must be served on the defendant within a specific time frame (usually 90 days).
The defendant typically has 20 days (if served in-state) or 30 days (if served out-of-state) to file an answer.
In Small Claims Court, the timeline may differ slightly—consult local rules.
If they do not respond, you can seek a default judgment.
If they do respond, you’ll proceed to:
- Pre-trial conferences
- Mediation
- Trial (depending on the court procedure)
Given that the rules in the Justice Court are complex, it is best that you retain a local landlord/tenant attorney to assist you.
If you prevail, then they will be forced to reimburse you for your legal fees and costs.
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I want to know how I can go about suing my property management company for an “illegal move-out.”
I’m sorry to hear about your situation. Can you tell me more about what specifically happened with your move-out that you believe was illegal?
Their handling of an inadequate move-out process without providing us with necessary information.
Our lease was renewed in November 2024, and we intended to terminate it on December 30, 2024. I contacted them, and they confirmed that this would be classified as an early termination, requiring all leaseholders to sign a form. Additionally, we were informed that a payment of $4,500 would be due within ten days of submitting that form, in addition to our regular monthly expenses.
On the same day, I followed up via email to clarify whether the $4,500 needed to be paid before our departure or if it could be settled afterward. I did not receive a response, so I called and spoke with a representative who confirmed that the payment was required prior to leaving.
Fast forward to February 22, 2025, when someone came to our home for a tour. I informed them that the house is occupied, and I do not intend on moving out. They indicated that the property was listed online and would be available for move-in within two weeks.
When I inquired about the lack of notice, she mentioned that I had submitted a “notice to vacate” form on December 30, 2024. I explained that while the form was submitted, my property manager did not accept it, as it would be treated as a “lease termination,” requiring me and my two roommates to complete the form and pay the $4,500.
Have you tried discussing this issue with the property management company or seeking any resolution with them before considering legal action?
They lacked accountability and still asked if we plan to move out. I plan to move out due to the disrespect we’ve received. I don’t feel welcomed and just feel as if they need to rush us out.
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your property management issue.
I have recordings of me reaching out to them and emails of my property manager confirming I submitted the wrong form, and it needed to have all leaseholders sign in order to process me leaving my lease.
Hi there! My name is Seth, and I am a licensed attorney. Please know that my responses are for general information only and do not constitute legal advice.
Also, you may experience a wait time between responses. That is because I work with multiple customers at the same time. Please know that I will respond as soon as I can. I appreciate your patience.
I am reviewing your question now…
Follow-Up Questions for Clarity
1. What is the total amount of your out-of-pocket expenses?
2. What state is this happening in?
State: Arizona
I have not paid it yet, but they will want me to pay that.
Yes, $4,500 to recover.
Certainly! What I am asking is, are you seeking to recover the $4,500 you had to pay, or did you have to pay more?
The first step: Send a demand letter, preferably via Certified Mail, to the property manager and/or the management company’s main office.
In this letter, you will:
- Demand that they acknowledge in writing that they will cease collecting the $4,500.00 and that you do not owe it.
- If you incurred any out-of-pocket moving expenses as a direct result of this, you can also demand that they reimburse you for those within 30 days.
The second step: If they fail to respond or refuse, then you will need to file a lawsuit in the local Justice Court where the property is located.
Filing the Lawsuit
- This is done by drafting a complaint that complies with Arizona Rules of Civil Procedure.
- After filing, you will receive summons (and complaint copies) which must be served on the defendant within a specific time frame (usually 90 days).
The defendant typically has 20 days (if served in-state) or 30 days (if served out-of-state) to file an answer.
In Small Claims Court, the timeline may differ slightly—consult local rules.
If they do not respond, you can seek a default judgment.
If they do respond, you’ll proceed to:
- Pre-trial conferences
- Mediation
- Trial (depending on the court procedure)
Given that the rules in the Justice Court are complex, it is best that you retain a local landlord/tenant attorney to assist you.
If you prevail, then they will be forced to reimburse you for your legal fees and costs.
This answers my questions. Thank you so much.
