You have rights under the Protecting Tenants at Foreclosure Act. In the event the house you are renting is foreclosed upon, you have a right to a minimum of 90 days notice before your lease can be terminated. And if the buyer is a business or other entity that has no plans to use the home as a...Read more »
I am moving out of one rental on the 18th of the month in the morning. I will be out by noon. I will be moving into another rental and have already paid rent for that day to the new rental owner. Do I still have to pay the rent for that day to the owner of the place where I am moving from?
You have two rental agreements. One with the old landlord and one with the new. You must honor both. If your first rental agreement requires you to pay rent on the day you move, you should pay the rent agreed upon. If you do not, your landlord has the right to withhold unpaid rent from your...Read more »
The procedure you described appears highly questionable. You may have grounds to object to this will. The will may not qualify as a valid holographic will and/or your Mom may not have had testamentary capacity. I recommend reviewing this matter with a probate attorney as soon as possible. Once...Read more »
A non-compete agreement can be transferable. The agreement should be reviewed by an attorney to see if it is made specifically transferable to a successor entity by its terms. I recommend having your agreement reviewed by an attorney. It would also be helpful to your attorney to know more about...Read more »
You have several options ranging from obtaining an order of protection against harassment to filing a civil lawsuit. I recommend that you speak with an attorney to learn your legal rights and best options. When your attorney knows the facts, he or she will be able to assist you in selecting the...Read more »
The new owner of the house I rent has not given me any legal documents showing they are my landlords. They’re charging me administrative fees the previous property management company had in their lease addendum, even though they’re not a company. Otherwise, my original lease was from two... Read more »
A new owner of a home takes it subject to any valid existing leases. Your lease remains valid for the remainder of its term. An addendum to the lease is not legally necessary. However, the new landlord should comply with Arizona law and give notice as to who the new property manager is and how...Read more »
Several months ago, my mother (who passed away last week) put together a last will and testament (based on a form from WillForms.org for the state of Arizona). It is signed, notarized, and doubly witnessed by two individuals not receiving any property under the will.
I recommend scheduling a consultation with a probate attorney for the review of your Mom's Will. Your probate attorney can answer your questions about the Will and can also give you recommendations for the most efficient way to handle your Mom's estate and protect her assets.
Mom has dementia and is in a assisted living home, a very expensive home. My sister is the Executor of the will and I think she may have guardianship or POA. Long story short but when we moved mom we decided as a family to spruce up the family home and rent it out to offset her costs. My sister has... Read more »
I recommend that you consult an attorney about a conservatorship. Appointing a conservator will provide competent help for your mom with her financial affairs and safeguard her assets. A conservator is supervised by the court and must account annually.
A listing agreement can be cancelled in most cases, but there can be costs and penalties associated with cancellation. For example, you may be asked to reimburse your agent for his marketing costs. Or, if you decide to sell at a later date, it is possible that your agent may make a claim against...Read more »
Your sibling cannot sell this property unless she has a legal right to do so. This usually means that she must be the property owner or the court appointed personal representative for a deceased owner. Since both parents are now deceased, your rights will be determined by the provisions of their...Read more »
Selling without an inspection or disclosure can be legal. It depends upon how your contract was drafted. You may still have legal recourse if items were concealed or not disclosed despite anything to the contrary in your contract. I recommend reviewing this matter with an attorney. Once your...Read more »
This is possible. It depends upon the terms of the lease as well as other pertinent facts. I recommend that you review this with a real estate attorney. Once your attorney reviews your lease and knows the facts, he or she will be able to let you know your legal rights and best options.
My business partner and I started a restaurant from the ground up. We raised the money on kickstarter and this was my first venture as a business owner. She had many other businesses. When we went to get the business license she told me that I coudnt be on it cause I had bad credit. We have made... Read more »
Not being a member of the LLC is a disadvantage. But it sounds like you may have sufficient proof to establish that you were a partner in this business and, if so, you may be entitled to your share of any net sales proceeds after payment of the bills of the business. I recommend consulting with...Read more »
I have emails confirming May 14th and the only follow up I have received is telling me to just wait longer for my money. I saw online they have 14 business days to provide this refund legally. We are beyond that threshold and Shelton-Cook (Property Manager) has stopped communicating with me... Read more »
Assuming your situation falls within ARS 33-1321, you can file a civil lawsuit against your former landlord to seek a judgment for the money owed. Once you have your money judgment you can use other civil remedies such as execution and garnishment to attempt collection. However, when you file a...Read more »
Probably legal. In most cases you would be on a month to month tenancy after the expiration of your original lease term unless the lease is renewed by you or renews automatically. If you are on a month to month tenancy, the landlord can increase rent on 30 days notice. If you are on a renewed...Read more »
If you are the property owner you should call the police and have the person removed as a trespasser. If you are a tenant, your landlord should handle by having the trespasser removed. If the police will not or cannot help, I recommend consulting with an attorney. You may need to take legal...Read more »
My stepfather has been dead since 1977. My Mother died in 2016. She willed her home to me. I am trying to sell the home and now the court wants proof that my stepfather no longer owns half of the property? What do I do? I need a will to prove he left it to my Mother but do not know how to find it.
From the facts you provided, I am assuming that your mom and stepfather held title to their home as tenants in common. To find a will, I have seen ads run in legal periodicals inquiring about a will for deceased individuals. You can also check with the Superior Court in the county where your...Read more »
You have described what amounts to a purchase of a home. A purchase contract is needed and I recommend that an escrow be opened with a local title company to handle the transfer. Then you would apply for a new loan to pay off the existing financing on this property. Your lender will also want...Read more »
Where a Personal Representative is doing a poor job, the court can remove her and appoint a new Personal Representative. I recommend discussing the facts of this matter with a probate attorney. Your attorney will let you know if the circumstances are sufficiently egregious to make it likely that...Read more »
She does not own the home, deed is in her deceased fathers name. She will not talk to us when we asked to discuss extending wall down our driveway, she built a retaining wall that goes 5 feet into our property a while ago
I recommend that you discuss this matter with a real estate attorney. If your neighbor is making a claim to a portion of your lot you must take prompt legal action to reclaim your land before too much time goes by. If you do not, it is probable that your neighbor will become the owner of the...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.