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Arizona Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: If you've been paying the mortgage taxes and insurance on a house for almost 5 years do you have any legal right
Peter H. Westby
Peter H. Westby answered on May 16, 2018

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 »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Arizona on
Q: what kind of lawyer do i need if i am going after my landlord for poor living conditions

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 »

Peter H. Westby
Peter H. Westby answered on May 9, 2018

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.

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: can a landlord deduct late charges 1-4yrs after rent dates to deduct from deposit after move out

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 »

Mr Frankie Adamo Esq
Mr Frankie Adamo Esq answered on Apr 24, 2018

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,... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arizona on
Q: what do I do if I learned my former landlord sold my rental and the new landlord forged my name on a renewal lease?

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.

Peter H. Westby
Peter H. Westby answered on Apr 17, 2018

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 »

1 Answer | Asked in Real Estate Law, Tax Law and Landlord - Tenant for Arizona on
Q: My lease in Chandler, AZ says I have to pay a 2.5% tax, so if your rent is $1,000 per month, you will pay $25 tax

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 »

Peter H. Westby
Peter H. Westby answered on Apr 9, 2018

If your landlord is overcharging for tax you might consider a complaint to the Arizona Department of Revenue, TPT, Division. This is something that the State of Arizona may investigate and pursue.

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: My mother has a tenant who is not on the lease in Sun City, AZ which moved in with a man who was on the lease.

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... Read more »

Peter H. Westby
Peter H. Westby answered on Mar 28, 2018

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.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: Does an eviction notice or court summons have to be delivered in person in Arizona?

I am facing an eviction and was wondering if the notice or court summons has to be delivered in person? Can they just be left at the door? Don't they have to show proof that the tenant actually received the notice or summons? Thanks.

Peter H. Westby
Peter H. Westby answered on Jan 8, 2018

In Arizona it is a common practice to serve by posting the property or dropping the summons and complaint by the front door. If you believe that service was improper, you can contest on this basis. If the Judge agrees, he may require service to be made again. But this is unlikely to be of help... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: I was evicted and a judgement was place against me for a certain amount can the management say i owe more

The judgement was for a certain amountcan the management come back and say i owe more than they was granted on the judgement.

Peter H. Westby
Peter H. Westby answered on Dec 28, 2017

Yes, this can be possible. It depends upon what was litigated in the eviction action. In the eviction proceeding the landlord may have obtained a judgment only for possession, rent and legal fees. The landlord might still make a demand upon you for additional money if he has other claims, such as... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: My lease expires on 30 november 2017 cant move out until 1 December 2017 what legal action can be taken against me
Peter H. Westby
Peter H. Westby answered on Nov 27, 2017

I would speak with your landlord or property manager to make arrangements in advance for a move out on December 1, 2017. By delaying your move out, you run the risk of the landlord charging you rent for the month of December. The landlord could bring a legal action against you to collect... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: If I'm being evicted how much time do I have to vacate the property
Peter H. Westby
Peter H. Westby answered on Nov 14, 2017

Once an eviction proceeding commences by the filing and service of a complaint, time is short. You will have your court hearing within 10 days. If the court orders an eviction, you will have 5 days to vacate. If you are not out in 5 days, a writ of restitution will be issued and send to the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: I have a prospective tenant that wants to pay a years rent, $30K, up front. Any downfalls for landlord to accept?
Peter H. Westby
Peter H. Westby answered on Nov 13, 2017

This sounds attractive but you should investigate the prospective tenant and the reasons for the offer very carefully before accepting. Sometimes this kind of an offer is legitimate, but sometimes it is an attempt to hide assets from creditor or a bankruptcy court. If so, this could result in a... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: Rental: who pays for damages after tenants move out but have been cleared by the management company?

Rental property being managed by a property management company. They conducted a walk through after the tenants moved out, told the Owner it was good to go. Owner inspected at a later date amd found broken window, and missing laundry doors. Is the owner responsible to pay for the repairs or the... Read more »

Peter H. Westby
Peter H. Westby answered on Nov 7, 2017

Assuming that the damages the owner found were present at the time of the walk through, and assuming also that the management contract contains nothing to the contrary, the management company should make good this loss to the owner. Had the management company done a competent job, the tenants... Read more »

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: can my landlord ban me from using the storage room in my backyard just because the door was left open.

Only my items are stored in the storage and this is the 2nd term on my lease Ive been using the storage the entire time Ive been living there going on 2yrs now but she said because the door to the storage was left open and if shes sees it left open again she will be forced to empty it and lock it... Read more »

Marcel Wurms
Marcel Wurms answered on Aug 11, 2017

Is this a one family house, or is this a common area (even if no one is presently using it now)? Have you been given use or possession of the room under your lease?

Can't give you an answer without knowing more. It's also important to see what's in the lease.

The...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arizona on
Q: I have several homes that I have a contract with for vacation rentals with a company but they are late and don't pay

I sent them notices that if they don't pay I am changing the locks- and I did.

Glenn B. Manishin
Glenn B. Manishin answered on Aug 7, 2017

You should check the provisions of your vacation rental company agreement, but generally if one party to a contract is in breach, here by not paying, the other parties excuse for performance and made exercise "self-help" justifying removing the lock boxes and changing the locks. If there... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Arizona on
Q: Roommate Agreement or Sublet Agreement or Lease Agreement?

I have leased a condo at $1300 a month with my name only.

The landlord allows me to have another roommate or two to help out.

I've already paid the 1300 from Jan to June in full.

The gameplan will be 500, 400, 400 for me, roommate 1, and roommate 2.

To protect... Read more »

Tevis Steven Reich
Tevis Steven Reich answered on Mar 2, 2017

The legal concept you are proffering is a sublease. The landlord is renting to you and you are in turn renting a portion to others. If the others do not pay their rent, this does not excuse your obligation to the landlord. A landlord/tenant attorney in your area can help you prepare an... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Arizona on
Q: Is it true that if I want a long term rental agreement the space rent goes up 350 dollars a month

I own my home I lived here for 2 years never had to renew my rental agreement got new owners they want us to sign a month to month but got force into signing it anyways even though I wrote them and told them I want a longer lease they said if I do that then the rent goes up is this true in the... Read more »

Tevis Steven Reich
Tevis Steven Reich answered on Mar 2, 2017

The landlord may adjust rent if the periodic term of your lease is up. You can pay the increased rent or refuse and move. Under the Arizona Mobile Home Landlord and Tenant Act (ARS 33-1401 et seq) the landlord would need to terminate the lease and provide appropriate notice. ARS 33-1476. You... Read more »

2 Answers | Asked in Personal Injury, Real Estate Law, Tax Law and Landlord - Tenant for Arizona on
Q: Can I take a tax deduction of a huge loss of belongings from contamination of toxic black mold from an apartment?

Replacement value of my belongings is around 30 - $50,000. Possibly more. There was no insurance. I had my apartment tested, and it came back positive for mycotoxins. the management company would do nothing aside from sending a maintenance man to look stating it was just dust or dirt. This has... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 29, 2017

You should be able to. You need to itemize as much as possible--the more detail the better. May be good to consult a cpa.

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1 Answer | Asked in Landlord - Tenant and Personal Injury for Arizona on
Q: My roommate moved out, the landlord released from liability. She left damage and unpaid bills. Do I have a claim?
Peter N. Munsing
Peter N. Munsing answered on Oct 17, 2016

Yes. Not sure if/why she would be released from liability unless you are the only person on the lease.

1 Answer | Asked in Foreclosure and Landlord - Tenant for Arizona on
Q: If the house I'm renting is about to be auctioned off to the public, do I have any legal standing to fight it?
Adam Studnicki
Adam Studnicki answered on Feb 21, 2016

More info is needed. Talk to a real estate or tenant's rights lawyer ASAP.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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