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Arizona Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant, Probate and Small Claims for Arizona on
Q: Tenant now deceased. No contact with son in 60+days. 5th wheel still on my property. What legal rights do I have

Tenant lived in his fifth wheel but on my land Tucson, AZ. His son was here in Nov just after his dad passed, not heard from him since. At that time no will was presented. Can I put a lien on 5th wheel? There is a title on fifth wheel but I do not know whose name it is under. Father and son had no... View More

James L. Arrasmith
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answered on Mar 31, 2024

As the landlord, you have certain legal rights in this situation, but it's important to proceed carefully and in accordance with Arizona law. Here are some steps you can consider:

1. Attempt to contact the son: Make reasonable efforts to reach out to the son and inform him of the...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: I paid my Rent they excepted it today of the 11th I got addiction notice and for not doing are paying late fees is that

Moved in on the fifth of last year did not. Prorate my rent so it’s due on the fifth and she doesn’t do five day grace period does that allowed

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information provided, it seems there are a few issues to address:

1. Late fees: In Arizona, landlords can charge late fees, but they must be specified in the lease agreement. If your lease states a late fee policy and grace period (or lack thereof), the landlord is generally...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: I'm a landlord that got a bad result in Justice Court. Should I appeal my Landlord-Tenant case to Superior Court?

In Arizona, I (the landlord) need to appeal a Justice Court landlord-tenant case decided in Cochise County. On balance, the judge ruled against us. The primary reasons we lost were the judge (1) considered text messages sent to a handyman (he is an independent contractor, not our salaried... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information provided, it sounds like you have some potentially strong grounds for appealing the Justice Court's decision to the Superior Court in Arizona. A few key considerations:

1. Notice of repair requests - Whether notice to an independent contractor handyman...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Arizona on
Q: Forcible Detainer appeal and quiet title action at the same time.

A fraudulent Warranty Deed was recorded and then sold and new owner filed a forcible detainer action against the "rightful" owner claiming they had a rental agreement which they did not and failed to serve the owner (tenant) in accordance with the rules and were awarded a judgment and a... View More

James L. Arrasmith
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answered on Mar 30, 2024

In situations involving complex legal disputes such as this one, it's essential to navigate the legal system with careful consideration. You can indeed file an appeal against the judgment of the Justice Court while simultaneously pursuing a quiet title action to dispute the validity of the... View More

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: My ex boyfriend signed a written agreement. I also have proof he was gonna give me my security deposit back. He also

Used my credit card without my consent. I need legal advice as to how to move forward in civil court. I also took care of he's kids for many years without pay.

James L. Arrasmith
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answered on Jan 2, 2024

In your situation, the first step is to gather all relevant documentation, including the written agreement regarding the security deposit and any proof of unauthorized use of your credit card. These documents will be critical in pursuing a civil court case.

For the security deposit, if you...
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1 Answer | Asked in Civil Litigation, Constitutional Law and Landlord - Tenant for Arizona on
Q: My lease agreement prohibits "discharging a firearm in the apartment community" does this include self-defense?

Say I'm encountering a burglary that I either suspect or know the opposite side carries a weapon of deadly forces such as gun or knife. After multiple warnings that I'm armed, the burglar does not heed my warning and proceeds with invasion and poses as an imminent threat to me. In such... View More

James L. Arrasmith
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answered on Dec 12, 2023

The clause in your lease agreement prohibiting the discharge of a firearm in the apartment community is typically intended to prevent reckless or unnecessary use of firearms. However, the legality of using a firearm in self-defense, even within your apartment, depends on state and local laws... View More

1 Answer | Asked in Civil Rights, Small Claims, Landlord - Tenant and Domestic Violence for Arizona on
Q: How long do I have to hold on to a persons belongings after a civil standby was conducted via an order of protection?

I’m in Arizona, an individual was removed from my home due to domestic violence and an order of protection was placed. A civil standby was just conducted and belongings were left behind. How long do I have to keep her stuff on my property?

James L. Arrasmith
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answered on Dec 5, 2023

In Arizona, after a civil standby is conducted due to an order of protection, there are specific guidelines regarding how long you must hold onto the belongings of the individual who was removed. The law generally expects you to keep these belongings for a reasonable period, allowing the person... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Landlord - Tenant for Arizona on
Q: my wife was assaulted by a tenant who refused to pay rent. the assailant threw vinegar in my wife's eyes.

emt's worked on my wife's eyes for half an hour and wanted to take her to the hospital. the cops wanted to arrest my wife and the assailant. its a tactic to not have to do any work. the racist hispanic cop took my id to run it (why?) he came back with a hostile attitude. I'm a felon,... View More

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answered on Dec 5, 2023

In your situation, where your wife was assaulted by a tenant and the responding law enforcement officers' actions were questionable, there are several steps you can take. First, it's important to document everything: the assault, the treatment your wife received from the EMTs, the... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Arizona on
Q: My landlord will not respond, follow up or create any dialog regarding my ADA request, can I break lease without penalty

I have a Case opened with HUD and the Attorney General, but they take time to review and investigate. I want to break my lease ASAP as since I moved in 7 months ago the office staff and management refuse to respond or acknowledge my ADA accommodation request. It is affecting my mental health and... View More

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answered on Nov 24, 2023

Under the Americans with Disabilities Act (ADA), landlords are required to make reasonable accommodations for tenants with disabilities. If your landlord is not responding to your requests for ADA accommodations, this could be considered a violation of your rights under the ADA.

Given that...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Do I have to pay the yearly rental fee on the already installed tank just because Landlady installed a propane heater?

This trailer was made in 1959 and the insulation is shot. The built-in electric heater is very expensive to run. I suggested a propane heater since there was already a propane tank for the kitchen stove against the back of the trailer. After the heater was installed, landlady said I would now be... View More

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answered on Aug 18, 2023

In Arizona, the specific terms of rental agreements, including fees associated with appliances such as a propane tank or heater, are determined by the terms of the lease or rental agreement you have with your landlord. If your lease agreement states that you are responsible for the yearly rental... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Arizona on
Q: My roommate refuses to pay her half of a signed lease break fee. Will small claims court release me from liability?

If I pay her part of the lease break fee, then go to small claims court, would she be held responsible to pay me back and/or have a judgement against her. What is the best way forward to hold her responsible and releas me of liability? Thank you

T. Augustus Claus
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answered on Aug 15, 2023

Small claims court could potentially help you address the issue of your roommate refusing to pay her share of the signed lease break fee. If you have evidence of the signed lease, the agreed-upon lease break fee, and any communication regarding the fee, you may be able to file a claim in small... View More

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Can an rv park in arizona demand a copy of the tenants rv title?
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answered on Jul 18, 2023

When it comes to landlord-tenant relationships, it's important to know your rights. Generally, landlords have the right to request certain information from tenants, but there are limits to what they can ask for.

As far as demanding a copy of the tenant's RV title goes, it's a...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: I signed an apartment lease with a guarantor and they have failed to fulfill obligation. What are my options? Arizona
James L. Arrasmith
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answered on Apr 16, 2024

If you are in Arizona and your guarantor has failed to fulfill their obligation under your apartment lease agreement, you have a few potential options:

1. Review your lease agreement: Carefully read through your lease to understand the specific terms and conditions related to the...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: What can I do when my landlord unlawfully enters my apartment?

A maintenance worker entered my apartment today while I was home. I was not dressed for the day and they entered without notice or even knocking and no emergency existed. What are my options? If I want to end my lease how long do I have to do that and how long do I have to notify my landlord of my... View More

James L. Arrasmith
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answered on Apr 16, 2024

If your landlord or their representative (such as a maintenance worker) unlawfully enters your apartment, you have several options:

1. Document the incident: Write down the date, time, and details of the unlawful entry. If possible, take photos or videos as evidence.

2. Communicate...
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1 Answer | Asked in Consumer Law, Personal Injury, Real Estate Law and Landlord - Tenant for Arizona on
Q: Is it legal for a landlord to deny someone's rental application because they received rental assistance last year

In phoenix the mayor did a press confrence announcing the ban on discriminating against people for their source of income and their ability to pay for housing. If a property manager specifically states on its of qualifications and rental criteria that anyone who applied for or received rental... View More

James L. Arrasmith
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answered on Apr 16, 2024

The situation you describe could have legal implications for the landlord in Phoenix, Arizona. In March 2023, the Phoenix City Council passed an ordinance that prohibits housing discrimination based on a person's source of income, including rental assistance. This ordinance went into effect on... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law and Personal Injury for Arizona on
Q: My landlord is stealing my possessions from the property after eviction, we made arrangements to pack up and move out.

We were given ample amount of time that there was no rush take out time and that we wanted to make sure the property was cleaned up as well. He has been witnessed by myself and others neighbors friends taking the possessions loading them up on his roll sck and escorting whatever he wishes off the... View More

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answered on Mar 26, 2024

If your landlord is removing your possessions without your permission, this could be a violation of your rights. First, document everything: take pictures, gather statements from witnesses, and keep any communication with the landlord or neighbors regarding the eviction and your arrangements to... View More

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: I was evicted on the 18th of January filed by my landlords on the 18th we received no court date to go to by the constab

We were given 7 days by the constable to vacate the premises even though they should have refilled the entire start all over again and file non compliance to vacate. The judgement from the court on October 12, 2023 was that the judge stipulated they by the date of January 15 th if they haven't... View More

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answered on Mar 26, 2024

If you were evicted on January 18 but did not receive a proper court date, this could be an issue with due process. Landlords typically need to provide tenants with adequate notice and the opportunity to appear in court. If this didn't happen, it could be a violation of your rights. It's... View More

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Arizona on
Q: file a small claims against Greystar LLC, they have a Phoenix office where I live, but headquarters is in SC

Also would you send the demand letter to SC or Phoenix office ?

Anthony M. Avery
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answered on Aug 15, 2023

You can send a demand letter to both offices. But if you file suit, you must serve the Registered Agent. Get more information about the LLC first.

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: AZ LANDLORD TENANT LAW. can a landlord refuse to accept rent money by a 3rd party gov agency or non profit

If those agencies are willing to help prevent eviction

Chad Garrett Mann
Chad Garrett Mann
answered on Jul 20, 2023

In many cases, a landlord has the discretion to accept or refuse payment from a third party. The specific rules can depend on the lease agreement and local and state laws, so it's essential to consult with a licensed attorney in your specific jurisdiction to understand the precise legal... View More

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: I need advice is it legal in az for landlord to charge late fees for not paying late fees but the rent is paid
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answered on Jul 19, 2023

In Arizona, landlords are typically allowed to charge late fees for rent payments that are not made on time as specified in the lease agreement. However, it's important to note that the late fee amount and any additional charges must be reasonable and stated in the lease agreement.... View More

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