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Arizona Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Arizona on
Q: If i file in small claims court for balance of my deposit, do i have the right to face the owner instead of the agent?
Adam Studnicki
Adam Studnicki
answered on Aug 4, 2015

It may depend on who you sue. A local lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: I signed a 6 month lease with a roommate. The 6 months is up and she has not paid a dime towards rent or utilities.

How can I get her out and recover some of my money?

Adam Studnicki
Adam Studnicki
answered on Aug 1, 2015

Here's a link to some information from the Arizona Attorney General's office that may be useful: https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf

Talk to a local real estate or landlord-tenant lawyer to assist you with the...
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2 Answers | Asked in Landlord - Tenant for Arizona on
Q: Should a bad eviction notice be honored.
Adam Studnicki
Adam Studnicki
answered on Jul 30, 2015

More information is needed to answer. Generally speaking, eviction notices should follow legal guidelines. Talk to a landlord-tenant lawyer.

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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Can a person not under an apartment lease break a lease agreement?

My mothers husband wants to break our apartment lease early. The lease is under my moms name and my name. Does he have legal right to do this?

Adam Studnicki
Adam Studnicki
answered on Jul 25, 2015

Doesn't sound like he would, but best to review the lease to make sure and/or check with a local lawyer.

Please Take Notice: I am NOT your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is NOT...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Land lord accepted pre-payment of partial monthly rent. When tenant failed to pay balance of rent on date stipulated in

original rental agreement(1st of mo +5 days), landlord filed unlawful detainer against tenant in AZ Justice Court. Absent any other written agreement, has landlord waived right to terminate original rental agreement for that failure. Rent due 1st of mo, landlord filed on 6th of month, but pre-paid... View More

Adam Studnicki
Adam Studnicki
answered on May 29, 2015

Rent must normally be paid in full and on time. See part 2 in this publication from the Arizona Attorney General's office: https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf

The parties can agree to other terms.

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Can a az landlord enter my house with my aggressive dogs inside after I told him No and were moving out
Adam Studnicki
Adam Studnicki
answered on May 29, 2015

Check the lease. Generally speaking, landlords have a reasonable right to access. See Part 2 in this publication from the Arizona Attorney General's office: https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf

3 Answers | Asked in Landlord - Tenant for Arizona on
Q: Landlord wants to live in rental is this legal reason to evict? In az.

Gave my daughter son in law 4 granddaughters 30 days to vacate. They can't find place that quickly. Month to month. No lease.

Adam Studnicki
Adam Studnicki
answered on May 29, 2015

Here's a link to a guidebook put out by the AZ Secretary of State: https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf

From Part 6:

If your lease is month-to-month, to terminate your lease, you or the landlord must give the...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: I have won an eviction case against my tenant and she has five days to move. What if she does'nt?
Adam Martinez
Adam Martinez
answered on Mar 12, 2011

Make sure you obtain your writ of restitution from the court five days after judgment was entered against the tenant. If the tenant has not moved during that time period, you will have to give the writ of restitution to the constable (if judgment was in the justice court) or sheriff (if in the... View More

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: My sister just received notice at 5pm today that she has to move by 8am tomorrow (Sunday) morning. Is that accurate?
Adam Martinez
Adam Martinez
answered on Mar 12, 2011

After reading the question, my 10-year old daughter said, "No. That is not accurate. They have to at least give her a month to get ready." And while my daughter has no legal training, she is likely correct. Assuming that your sister is or was renting on some type of month-to-month... View More

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: If I'm renting and property is up for foreclosure next month, can I break lease if I want? Or do I have to stay?
Adam Martinez
Adam Martinez
answered on Mar 12, 2011

Once the landlord loses the home at foreclosure, the lease terminates. While a recent federal law requires banks or others that acquire homes after foreclosure to honor the remaining term of a tenant's lease even after the foreclosure, the tenant is not required to continue renting the home... View More

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