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Arizona Landlord - Tenant Questions & Answers
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
T. Augustus Claus
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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

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Can an rv park in arizona demand a copy of the tenants rv title?
T. Augustus Claus
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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, Libel & Slander and Personal Injury for Arizona on
Q: can i find a lawyer for litigating a wrongful eviction pandemic on contingency

Greetings, I am seeking representation as a tenant in a wrongful eviction during the pandemic claim. In addition I have numerous claims concerning LTA as well as violations committed by the owner that arise from not visiting the property in decades. The landlord, primary tenant, never gave rent... View More

Tim Akpinar
Tim Akpinar
answered on Oct 11, 2022

An Arizona attorney could advise best, but your question remains open for a week. You are seeking an attorney - it's going to be difficult for law firms here to reach out to you. This is only a Q & A forum, not an attorney referral service. In addition to your own independent searches... View More

1 Answer | Asked in Environmental, Landlord - Tenant and Personal Injury for Arizona on
Q: I’ve been drinking poison for 2 years. Arsenic in well water on the home I leased failed test - EPA Standards.

I'm female, in my 60's, and I don't know a polite way of stating this...I've had chronic diarreah for the last 2 years which is why I had the water tested.

What are my chances of finding an attorney who would represent me, get paid when we settle, and sue this SOB for... View More

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2022

An Arizona attorney could answer best, but your question remains open for four weeks. It sounds like you're asking about an attorney who would handle your matter on a contingency basis (you mention payment upon settlement). It's difficult to say whether a firm would handle something like... View More

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Landlord prorating rent

We’ve rented the house for three years. We moved out at the beginning of June and our lease went through the end of June. We let the landlord know they re-rented it and a new tenant moved in on June 18. I asked about the rent being prorated and they said they didn’t have to prorate it. What are... View More

Stephen M Vincent
Stephen M Vincent
answered on Jun 20, 2022

They can't double dip: If they charge you for a full month, they have to make sure the premises are available to you the entirety of that month.

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...
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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... View More

Nina Whitehurst
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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... View 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... View 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... View 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
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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... View 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... View 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... View More

Frankie  Adamo
Frankie Adamo
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... View 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... View 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.... View 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... View 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... View 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... View 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... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: I moved in with my BF 4 yrs ago. His mom owned the house and didn't charge rent. She died and his step

His stepdad has Alzheimer's. He moved out and wants me to pay him rent. He sleeps here more than not. Can he evict me? In AZ

Peter H. Westby
Peter H. Westby
answered on Oct 30, 2019

If your BF has inherited the home and is the owner or if he is the court appointed personal representative of his late mother's estate, he can evict you.

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