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Arizona Landlord - Tenant Questions & Answers
1 Answer | Asked in Family Law and Landlord - Tenant for Arizona on
Q: What will need to be done to get my two brothers out of mom's house when she passes, or before if needed?

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 »

Mike Branum
Mike Branum
answered on Jul 2, 2019

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"... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: What can I do to remove someone that has decided to squat in a vehicle on our property

Lived next door just moved in asked to leave but still there now demanding electric services

Peter H. Westby
Peter H. Westby
answered on Jun 4, 2019

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 »

1 Answer | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for Arizona on
Q: 6. No resident may pet sit for another’s pet. 7. No visiting/temporary pets are permitted How do I fight this?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 3, 2019

Unless there is some controlling Arizona law overriding this landlord policy you are wasting your time trying to "fight this."

1 Answer | Asked in Criminal Law, Civil Rights, Employment Discrimination and Landlord - Tenant for Arizona on
Q: Can landlord/employer come into your home and take all your belongings

My landlord /boss and I had a falling out so I decided just to move out.ss I'm moving landlord /boss comes and takes all my property and personal belongings

Mike Branum
Mike Branum
answered on Apr 26, 2019

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 »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: In Arizona can I kick a house guest out? I've hear after 3 day the law has to be involved...
Peter H. Westby
Peter H. Westby
answered on Jan 15, 2019

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... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arizona on
Q: How much notice to vacate my apartment is required when purchasing a home?
Peter H. Westby
Peter H. Westby
answered on Oct 12, 2018

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.

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Arizona on
Q: Can my sister that I'm living with throw me out on a whim and not give me access to my property?

I have established residency for 3 years.

I have done work to earn my keep. If this is not a landlord tenant issue then how can I legally get my property out of her house?

Peter H. Westby
Peter H. Westby
answered on Sep 7, 2018

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 »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: My tenant won't sign amendment to the lease on limiting overnight visitors. Lease is changing over to month-to-month.

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... Read more »

Peter H. Westby
Peter H. Westby
answered on Aug 15, 2018

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... Read more »

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: I live in a mobile home technically owned by my daughter, which she bought from my mom and dad for her and I to live in.

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... Read more »

Randi Sirlin
Randi Sirlin
answered on Jul 12, 2018

Unfortunately, because of how factual the problem is, I believe you need to consult with an experience attorney who is versed both in the Arizona Landlord Tenant act and family law.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: How to go about getting someone out your house

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... Read more »

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

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 »

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 »

Frankie  Adamo
Frankie Adamo
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 »

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