My question involves landlord-tenant law in the State of: Arizona
A.R.S. 33-1309 (B) says that you can serve the Secretary Of State if the out-of-state landlord does not have a statutory agent as follows.
B. If a landlord is not a resident of this state or is a corporation not authorized to do business in this state and engages in any conduct in this state governed by this chapter, or engages in a transaction subject to this chapter, he may designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to do business in this state. The designation shall be in writing and filed with the secretary of state. If no designation is made and filed or if process cannot be served in this state upon the designated agent, process may be served upon the secretary of state, but the plaintiff or petitioner shall forthwith mail a copy of the process and pleading by registered or certified mail to the defendant or respondent at his last reasonably ascertained address. In the event there is no last reasonably ascertainable address and if the defendant or respondent has not complied with section 33-1322, subsections A and B, then service upon the secretary of state shall be sufficient service of process without the mailing of copies to the defendant or respondent. Service of process shall be deemed complete and the time shall begin to run for the purposes of this section at the time of service upon the secretary of state. The defendant shall appear and answer within thirty days after completion thereof in the manner and under the same penalty as if he had been personally served with the summons. An affidavit of compliance with this section shall be filed with the clerk of the court on or before the return day of the process, if any, or within any further time the court allows. Where applicable, the affidavit shall contain a statement that defendant or respondent has not complied with section 33-1322, subsections A and B.
But the lease that I signed has the following:
Landlord or the person authorized to act on behalf of the Landlord for receiving service of process, notices, and demands is:
<Landlord Out-Of-State Address>
My question is, where do I serve the small claims papers (for withheld security deposit)?
Your help is greatly appreciated!
Thanks,
Gucces.
BTW, the court filing is:
I rented the premises at XXXXX Phoenix, AZ 85000 for more than two years. Upon termination of the tenancy the premises was delivered back to the landlord in the same condition as when the lease term commenced (reasonable wear and tear expected). Even after the termination of the tenancy, delivery of possession, and demand by the tenant the landlords failed to return the Security Deposit of $1300 or provide an itemized list of deductions within fourteen days (excluding weekends and legal holidays) in violation of A.R.S. §33-1321 (D). I request the court to help recover the money due to me together with damages in an amount equal to twice the amount wrongfully withheld plus court fees ($1300 Security Deposit + 2 x $1300 Damages + Court Fees) as per A.R.S. §33-1321 (E).
A.R.S. 33-1309 (B) says that you can serve the Secretary Of State if the out-of-state landlord does not have a statutory agent as follows.
B. If a landlord is not a resident of this state or is a corporation not authorized to do business in this state and engages in any conduct in this state governed by this chapter, or engages in a transaction subject to this chapter, he may designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to do business in this state. The designation shall be in writing and filed with the secretary of state. If no designation is made and filed or if process cannot be served in this state upon the designated agent, process may be served upon the secretary of state, but the plaintiff or petitioner shall forthwith mail a copy of the process and pleading by registered or certified mail to the defendant or respondent at his last reasonably ascertained address. In the event there is no last reasonably ascertainable address and if the defendant or respondent has not complied with section 33-1322, subsections A and B, then service upon the secretary of state shall be sufficient service of process without the mailing of copies to the defendant or respondent. Service of process shall be deemed complete and the time shall begin to run for the purposes of this section at the time of service upon the secretary of state. The defendant shall appear and answer within thirty days after completion thereof in the manner and under the same penalty as if he had been personally served with the summons. An affidavit of compliance with this section shall be filed with the clerk of the court on or before the return day of the process, if any, or within any further time the court allows. Where applicable, the affidavit shall contain a statement that defendant or respondent has not complied with section 33-1322, subsections A and B.
But the lease that I signed has the following:
Landlord or the person authorized to act on behalf of the Landlord for receiving service of process, notices, and demands is:
<Landlord Out-Of-State Address>
My question is, where do I serve the small claims papers (for withheld security deposit)?
Your help is greatly appreciated!
Thanks,
Gucces.
BTW, the court filing is:
I rented the premises at XXXXX Phoenix, AZ 85000 for more than two years. Upon termination of the tenancy the premises was delivered back to the landlord in the same condition as when the lease term commenced (reasonable wear and tear expected). Even after the termination of the tenancy, delivery of possession, and demand by the tenant the landlords failed to return the Security Deposit of $1300 or provide an itemized list of deductions within fourteen days (excluding weekends and legal holidays) in violation of A.R.S. §33-1321 (D). I request the court to help recover the money due to me together with damages in an amount equal to twice the amount wrongfully withheld plus court fees ($1300 Security Deposit + 2 x $1300 Damages + Court Fees) as per A.R.S. §33-1321 (E).
Security Deposits: Serving an Out-Of-State Landlord
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