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 »
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 »
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 »
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 »
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,...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... 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.
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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