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Arizona Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for Arizona on
Q: evicted tenant,paid writ and judgment satisfied,community mgr 55+ park will not remove the door knob lock off home

owner mobile home to enter inside home must ask permission from comm mgr for a specific time and date,to get 4 hours inside home,then the door knob locks are put back on.comm mgr holding owner own mobile home ransom....is this legal in arizona? need an answer please

0 Answers | Asked in Landlord - Tenant for Arizona on
Q: I live in Multifamily housing backed by Freddie Mac. LL is charging me late fees and other costs.

I was charged late fees, legal fees and court costs. FD was filed prematurely. LL was aware that I was approved for ERA and funds had been sent. Do I have to pay these fees and costs. Also, LL previously charged me for service of notice. Notice should have been a 30-Day not 5 Day. I was still... Read more »

0 Answers | Asked in Civil Litigation, Personal Injury and Landlord - Tenant for Arizona on
Q: Legal process in Arizona State to get your personal property back from a former friend, business associate.

I have a couple wave runners parked at the wife’s former business associate home. Home sets on 2 locked fenced acres. On Friday evening wife received a text from the former that with all the problems they have been having with people climbing their gate that we should find a new place for our... Read more »

0 Answers | Asked in Landlord - Tenant for Arizona on
Q: Arizona apartment complex. New owners. They are charging us a fee to pay rent. Can they do that?

Anyway that you decide to pay rent, they charge you a fee to pay them rent. That doesn't seem right.

0 Answers | Asked in Landlord - Tenant for Arizona on
Q: How to legally retrieve my trailered jet-skis I have parked on wife's former business associates property.

Wife’s former associate text her that we find a new location for jet skis. Former associates reasoning was that people we climbing the fence onto their property. This was a Friday night of Easter weekend. Wife saw text Saturday morning replying that I would try and pick up that day but if unable... Read more »

0 Answers | Asked in Landlord - Tenant for Arizona on
Q: Arizona - Rented property for over 30 month, broke lease for 2-3 mons What is the timeline to return sec deposit.

Rented with Property management approx 30+ months. Due to medical and downsizing and seniors over 75 yrs, we broke our lease and Turned keys in on 4/6 Wed at 9:30am. Property management stated lst that maybe the could do the Exit walk thru yet today, called said can't today, asked about... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Arizona on
Q: I received a civil lawsuit complaint &waiver of service summons form & not sure if I should sign it. I need assistance.

I am not sure if I should sign the waiver because I haven't had time or money to get legal advice. I already filed an answer denying the complaint saying I went to court for this incident.

Sean Woods
Sean Woods answered on Apr 28, 2022

While all cases are different, the waiver is a standard procedure in Arizona if the parties are in communication. It provides an additional time period beyond the normal Answer deadline for a party to file an answer.

Waiving service saves costs and gives the person answering 60 to respond...
Read more »

1 Answer | Asked in Business Law and Landlord - Tenant for Arizona on
Q: Can a land lord lock you out without getting a court order?
Peter H. Westby
Peter H. Westby answered on Mar 9, 2022

A commercial landlord can lock out a tenant without first obtaining a court order. This option is often specifically reserved in many commercial leases. It is also one of the remedies allowed by ARS 33-361.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: How do I form a llc for out of state investing so I have inside and outside protection?

I live in Arizona and want to buy property in iowa. I need to know what type of llc's to set up in each state for asset protection.

Peter H. Westby
Peter H. Westby answered on Dec 23, 2021

I recommend that you speak with a real estate attorney in each state in which you plan to invest.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Arizona on
Q: Can property management company be responsible for evictions with my llc being out of state?

My property would be held in an llc in the state its in and that llc held by another one in Wyoming.

Peter H. Westby
Peter H. Westby answered on Dec 23, 2021

In Arizona your property manager can handle evictions of Arizona tenants. It is not required that the property owner be an Arizona resident.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Arizona on
Q: If my father has passed away interstate, but I am named power of attorney, does that make me "Next of Kin?"

So my father has passed away, and I was labeled power of attorney. I have the death certificates, all the paperwork from his funeral services, and an open probate case for the house. I basically just need to know if I have authority to demand rent from people who resided in the house before my... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 5, 2021

The power of attorney automatically ended when your father passed away. If you have been appointed executor or personal representative or administrator of his estate then, yes, you have the authority to enforce any existing lease, including demanding rent pursuant to the lease. Or you can evict... Read more »

1 Answer | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for Arizona on
Q: My nephew and girlfriend asked his dad died to stay for 2 days. They have taken over, & filed Restating Order! Can dad E

They asked to stay for a couple of days, they kicked dad out. Filed a Restraining order.

Can dad evict in Az?

He owns the trailer, rents the lot.

They are unwelcome guests

Using illegal substances

Peter H. Westby
Peter H. Westby answered on Aug 25, 2021

Dad has two options. He can call the police and see if the police will remove them as trespassers. Or he can evict per the Arizona Residential Landlord and Tenant Act. If he must evict, I recommend that he consult with an attorney familiar with residential evictions.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: I'm owner financing a home that i own outright in my trust. Can I request a balloon payment after 10 of the 30 year term

Arizona

Peter H. Westby
Peter H. Westby answered on Mar 9, 2021

Yes, it is not uncommon to amortize a loan over 20 or 30 years but provide for a balloon payment after 3-10 years. This allows a buyer to purchase and, if needed, provides time to build equity and improve his or her credit so it may be possible to refinance conventionally when the balloon payment... Read more »

1 Answer | Asked in Civil Rights, Real Estate Law, Small Claims and Landlord - Tenant for Arizona on
Q: Had a house fire what c an I do

like loosening our stuff stealing my car pain and suffering

Tim Akpinar
Tim Akpinar answered on Oct 11, 2020

An Arizona attorney could advise best, but your post remains open for three weeks. I'm sorry for your ordeal and stressful situation. Unfortunately, when it comes to property loss cases, pain and suffering does not generally enter the equation. That is a measure of damages that arises in... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: Can an HOA garnish wages, if they refuse to receive mail?

MY HOA refuse to pick up my mail, which includes my monthly dues. This has been going on for 4 months now. All mail was sent certified return receipt. There was an ADRE case on HOA refusing to pick up mail, and who is liable. I am awaiting response.

Anthony M. Avery
Anthony M. Avery answered on Jul 22, 2020

You should not be using certified mail unless the HOA Rules require it. The HOA has no obligation to be available all the times to sign a receipt to the mailman. Send all checks regular mail or hand deliver them, and when they cash them, you will have a bank record of some type. You knew you... Read more »

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arizona on
Q: I'm in a home rental which expires end of Jan2021. i was informed that homeowners getting divorced, can i keep lease

I'm in a home rental which expires end of Jan2021. i was informed that the homeowners getting divorced, can i keep lease? Or can they terminate my lease? I have never missed a payment, i pay 2 weeks early and never had any complaints or issues. I want to stay... Do the homeowners have to honor... Read more »

Peter H. Westby
Peter H. Westby answered on Jun 15, 2020

The homeowners' divorce does not impair your rights under the lease and is not, by itself, grounds for lease termination. So long as you pay your rent, you should be allowed to complete your lease term unless your lease contains provisions that would allow the owners to terminate early.

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1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for Arizona on
Q: Apartment switched property management companies after my lease ended... which one do I sue?

I'm filing a small claim against my previous apartment complex to get my unreturned security deposit.

The complex employed a new property management company AFTER I moved out.

Do I sue the property management company that was used when I signed the original lease or the new... Read more »

Mr Frankie Adamo Esq
Mr Frankie Adamo Esq answered on Jun 11, 2020

Generally, in landlord/tenant cases, you sue the landlord (or property owner) - not the property management company or property manager. The property manager typically is not the property owner and merely the landlord's agent who at all times is acting on behalf of the landlord. If the... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Arizona on
Q: I bought my home with a friend we are both legally the owners of the home. He does not live in this house anymore

I’m just looking for any further legal information that I could be aware of. So that he knows what’s in state for him and also for me of course.He has not paid the mortgage for about a year since he moved out he does not pay electric bills water bills or even any other home repairs that were... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 20, 2020

You and your friend remain partners in this home. He may continue to participate in any appreciation in value along with you. You can terminate the partnership by buying him out. You may need to refinance to do this. Or you can sell the home and divide the proceeds in a way fair to both of you.... Read more »

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Am I able to evict my fiance's adult daughter?

She had no place to go after her lease was up back in charlotte NC. My fiance and I let her move in with us in Buckeye Arizona. She was told the rules in the household including: getting a job, coming home at a decent hour if she went out, assist in household chores, and pay for room and board... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 20, 2020

Are you the owner of this home? Will you have your husband's support? If so, you and your husband can evict your husband's daughter. Governor Ducey has issued an Executive Order placing a temporary stay on residential evictions. If your circumstances are covered by this order, your... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: Broke lease due to Job loss. Rent was current and prepaid 1m security dep. Owner listed for $225 higher. Unreasonable?

Was only 5m into 12m lease. Explained job loss (COVID). Landlord was understanding. Paid full rent ($1875) on the first, and was out on the 8th. Had also paid a full month of rent as security deposit and $500 in non-refundable cleaning fees. Was hoping landlord could get re-rented within the 7... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 14, 2020

I recommend that you consult with a real estate attorney if your landlord makes a claim against you for additional rent. Your landlord must mitigate its damages under Arizona law and the reasonableness of the landlords attempt to re-rent is a fact issue for the judge to decide should a claim be... Read more »

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