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Arizona Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for Arizona on
Q: In New Mexico, do you have to give a 30 day notice to a commercial tenant if he has not paid rent in two months or

would a 3 day notice to pay the rent or quit the premises suffice?

1 Answer | Asked in Personal Injury, Real Estate Law, Environmental and Landlord - Tenant for Arizona on
Q: If rental is uninhabitable and I was forced to leave do I need to give a prior notice? Landlord knows it's uninhabitable

Mold was making my family ill so we moved ourselves to a hotel in hopes the landlord would remedy it properly. That didn't happen and was made worse by exposing asbestos in dry walls. We found a new place but don't feel it necessary to give a 30 day or even 2 day heads up since they fully... View More

Peter H. Westby
Peter H. Westby
answered on Nov 18, 2024

You did what was right to move your family out of a hazardous situation. But you could have better protected yourselves legally. A 5-day notice to the landlord is required by ARS 33-1361 to terminate a lease where there is a health or safety danger. Since the lease was not terminated, you may... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: 33-324 ARTLA..What does this mean in easier terms?
Peter H. Westby
Peter H. Westby
answered on Nov 18, 2024

This appears to refer to ARS 33-324 which provides that, when a tenant enters into possession under a lease, the tenant cannot, while in possession, deny the title of his landlord. I hope this helps.

0 Answers | Asked in Consumer Law, Landlord - Tenant and Small Claims for Arizona on
Q: If I got a storage unit on July 11th and it said on the agreement that each month on the 11th I am to pay rent. But the

Storage unit place would charge me on the 9th saying that was the due day. And then only 2 days after the 9th so the 11th they would put a late fee but it clearly states in the contract that I have a 5 day grace period to not be fined. Also are they allowed to continuously up the rent with our... View More

0 Answers | Asked in Criminal Law, Domestic Violence and Landlord - Tenant for Arizona on
Q: My son who is 20 years slapped his roommate after his friend that was over continued using racial slurs

His roommate at Arizona State University called the cops on him and had him arrested. Now he cannot return to his apartment. How can I get out of this lease since he is no longer able to live there? He is now back in Texas seeking treatment. He tried to commit suicide and after letting the leasing... View More

2 Answers | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Arizona on
Q: My son (20 years old) was arrested for slapping his roommate after they got into it about his friend using a racial slur

He was arrested on the spot and told he could not return to his apartment that is on the ASU campus. I just want to know his rights and if he should get a public defender.

Zalman  Sapad
Zalman Sapad
answered on Oct 30, 2024

While I do not have a copy of your son's lease agreement or the trespass notice in front of me, these documents can be controlling as to whether or not he still has access to his apartment.

Primarily he needs to get in touch with the management to find out if they will enforce the...
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0 Answers | Asked in Landlord - Tenant for Arizona on
Q: I live in HUD housing, I notified my landlord have a potential mold issue in my HVAC system,

I had a certified industrial hygienist to come over and take test results, they failed. My landlord has repeated to me that there’s no mold in my house however, I am immunocompromised with chronic obstructive pulmonary disease and have been having allergic reactions since I moved in six months... View More

1 Answer | Asked in Landlord - Tenant and Civil Rights for Arizona on
Q: Can an AZ Landlord discriminate against a past eviction?

Can a Landlord in the State of Arizona legally discriminate against a potential tenant due to a past eviction in a different state of the US?

James L. Arrasmith
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answered on Sep 25, 2024

In Arizona, a landlord is allowed to consider a potential tenant's rental history, including any past evictions, when deciding whether to rent to them. There is no specific law in Arizona that prevents a landlord from using a previous eviction, even from another state, as a factor in their... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Arizona on
Q: Can a manager of apartments tell you that your children are not allowed outside w/o supervision or he will evict you

I live in a 2bd weekly rental(Budget Suites) , with my 3 grandchildren ages 10, 11, & 13, in Mesa AZ. The manager has written me up 2 times and says he will evict me because my grandchildren have to be supervised by me anytime they go outside. I work nights, at Walmart, and my grandkids want to... View More

James L. Arrasmith
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answered on Jun 15, 2024

The situation you're describing sounds very frustrating. It's important to know that property managers do have the right to set rules for the safety and order of their properties, but these rules must be reasonable and not discriminatory. If the rental agreement doesn't explicitly... View More

1 Answer | Asked in Consumer 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 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 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
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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: My landlord emailed my lease. I did not sign this. Not even online. But every section was initialed or signed.

And there was a $50 added for water reclamation

James L. Arrasmith
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answered on Apr 16, 2024

If you received a lease agreement that includes your initials or signature but you did not authorize these, it's important to address this issue promptly. It sounds like the lease may have been signed fraudulently. First, you should contact your landlord directly to clarify the situation.... 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

James L. Arrasmith
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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 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

James L. Arrasmith
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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 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: 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 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

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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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