Hello, it appears that you are searching for case law to support a claim for premise liability stemming from a slip and fall injury on stairs. I do not know if you will be able to obtain case law specific to the facts of the current situation, but there is existing case law which addresses when a...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 two brothers have lived with my parents for a number of years now. Dad passed a couple years ago, and mom is in failing health. They both have substance/drug problems, mental issues(?), and have been pampered/enabled their whole lives. Neither is self-sufficient, and would be homeless unless... Read more »
You state that you are "POA / Executor." If by that you mean that you have full POA for your mother and her affairs then you should be able to undertake eviction proceedings against everyone in the house except your mother (sorry, the girlfriend is every bit as much a "resident" as your siblings if...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 »
No. This is an invasion of your right to privacy and your rights as a tenant. If you can afford a retainer you should probably hire an attorney. It may be difficult to find an attorney who will take this case on a contingency basis but it is possible. If you have limited income you may qualify for...Read more »
You can ask a guest to leave at any time. If the guest refuses, you can have law enforcement assist. This can become complicated if the guest has lived with you for a lengthy period of time or has assisted you with living expenses. Then the "guest" may claim to be a tenant and you may need to...Read more »
You must give the notice required by your lease or rental agreement. If you are on a month to month tenancy, you must give 30 days notice--if you plan to be out by the end of December, you must give your 30 days notice before the end of November.
From the information you provided, your rights are governed by the Arizona Residential Landlord Tenant code. Your sister can evict you by giving proper notice. See ARS 33-1375 or ARS 33-1381. She must allow you to pick up your property and has certain duties to you per ARS 33-1370 D,E, F, G H &...Read more »
She wants no limits to her boyfriend staying over. I live on the property and do want limits, but the original lease was less than specific about it. Can I legally say that since we couldn't come to an agreement on this, that I am giving her 60 days notice? Or should I just give notice with no... Read more »
If your tenant's lease is coming to an end and the two of you cannot agree to the terms of the new lease, you may give her the appropriate notice called for by your lease to let her know that her tenancy is terminating. You are not required to give her any reason for your decision. If her lease...Read more »
We've been having issues due to her alcohol problem but long story short, her dad, who lives in CA is here trying to get into this place. Our daughter is out of town in Indiana. I do not want him coming in here because the reason I left him was due to abuse. I really need to know if I have to let... Read more »
I was living with a friend of mine for two years he owns the house Im talking about he has no children or imedate family about a year of me residing there we discuss what will happen to the house if anything happens to him he said he would like to make a will up so I can get the house & pass it to... Read more »
The property owner will need to judicially evict this person. The Arizona Residential Landlord Tenant code describes this procedure. Filing can be done in Justice Court and the Court can usually help with forms. This is an unusual situation and I recommend that you seek the advice of a real...Read more »
You may have the right to be reimbursed and/or you might have an equitable lien depending upon the facts of your case. You may have no rights whatsoever. I recommend that you speak with a real estate attorney concerning this matter. Once your lawyer knows all of the facts, he or she will be...Read more »
Toxic mold, leaky pipes, and a list of repairs promised to be done but never have been done. Such as Garage door opener is not operational, dishwasher when draining leaks all over counter tops, storage area that was supposed to be cleaned out but never has. broken door knobs, leaky sink in upstairs... Read more »
If this is a landlord -tenant issue, I would consult with a real estate attorney who specializes in landlord-tenant issues. If you are considering a claim for illness caused by the poor living conditions, I would speak with an attorney who specializes in toxic tort cases.
my now former landlord has sent me a list of deduction from the deposit, some of them being an accumulation of late charges from late rent payments, he never at those times asked or sent me letters to make payment, he was always flexible asking for just communication. now that i have decided not to... Read more »
Generally, landlords are able to deduct late charges from security deposit funds after a tenant moves, and they don't need to give any notice that the late fee is owed it because the lease indicates that it is owed. ARS s. 33-1321(D) ("security may be applied to the payment of all rent, and subject...Read more »
I recently learned (I have proof) that on the day of the sale of my rental property (single family home), the new owner completed a new lease and forged my name. I have not had a true lease in effect since 05/31/2014.
The first step is to have your original lease--the one you signed--reviewed by a real estate attorney. It may automatically renew by its terms. You may have the right to terminate. Once your attorney has reviewed the lease that you agreed to, he or she will be able to let you know your legal...Read more »
The issue is that the tax rate is 1.5% and the rental company takes the other 1% as an admin fee. They don’t disclose a monthly admin fee in the lease or tell you that the chandler tax is only 1.5%. I think this is deceptive but they are doing this to hundreds of renters. I’m also not sure... Read more »
The man has since moved out but she remains. She is under the age limit for this area and hasn't paid rent for 2 months. She has been asked to move out by overnight letter or pay past dues and leave at the end of the month. She has done nothing about any of this and continues to ignore any action... Read more »
You might be able to evict her per ARS 33-1378. However, if she has been living in the home and paying rent she is probably a month to month tenant and the better procedure would be to evict her for non-payment of rent using a standard 5 day notice.
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