Yes, if necessary you can file an action for the partition and sale of this real property. The court will appoint a special commissioner ( a real estate agent ) to market and sell the property and the court will decide how the sales proceeds are to be divided if this becomes an issue.
I was unaware that I need the HOA's consent to do so. I am in non compliance because my flag pole is not one of the specified colors in the HOA guide....Black-Bronze-or dark gray. My pole is brushed aluminum. My home is white and the colors required by the HOA do not permit the pole to blend in... Read more »
In most cases, you can appeal a non-compliance notice. Check your CC&R's for the procedure to do this. I recommend communicating promptly and attempting to work out a settlement. If this matter is not resolved, it is possible that you will be fined or sued by your HOA. Your CC&Rs as well as the...Read more »
AZ home sale: Defect items in the parapet stucco contractually agreed to be repaired were not properly repaired before the sale. Now, the improper repair is being discovered. Does the new homeowner have any recourse?
My sister and I own 5 acres of farmland in McFarland, CA. we inherited from my Father’s estate in 2009 he passed away in 2007. I live in Tucson, AZ. I’ve been paying the property tax for 12 years and my sister who lives in CA. just ignores all of my attempts for her to pay her share. I once... Read more »
Maybe. It depends upon the terms of your partnership agreement. It is also possible that you are entitled only to 1/3 of the equity value of the home or nothing at all until the house sells at some future time. I recommend that you consult an attorney concerning your legal rights. This can be...Read more »
This isn't a referral service; it's just a question and answer board. If you want to find an attorney, you could contact those on this site under the Find-a-Lawyer tab above, conduct your independent searches, or try the State Bar of Arizona. Good luck
My brother has been sentenced and is serving his time currently. He was released on bail in 3/2019 and had no issues until a dirty drug test. He was required to appear before the judge and surrender earlier then his original surrender date in his sentencing. The court then exonerated the bond. The... Read more »
Bought home 5 years ago, HOA inspection report made no mention of any violation or out of compliance issues regarding house color. CCR say I only need approval to change house color, yet they want me to change the garage door color. I say after 14 years, the current color I have is what I'm keeping... Read more »
You have rights under the Protecting Tenants at Foreclosure Act. In the event the house you are renting is foreclosed upon, you have a right to a minimum of 90 days notice before your lease can be terminated. And if the buyer is a business or other entity that has no plans to use the home as a...Read more »
I am moving out of one rental on the 18th of the month in the morning. I will be out by noon. I will be moving into another rental and have already paid rent for that day to the new rental owner. Do I still have to pay the rent for that day to the owner of the place where I am moving from?
You have two rental agreements. One with the old landlord and one with the new. You must honor both. If your first rental agreement requires you to pay rent on the day you move, you should pay the rent agreed upon. If you do not, your landlord has the right to withhold unpaid rent from your...Read more »
The new owner of the house I rent has not given me any legal documents showing they are my landlords. They’re charging me administrative fees the previous property management company had in their lease addendum, even though they’re not a company. Otherwise, my original lease was from two... Read more »
A new owner of a home takes it subject to any valid existing leases. Your lease remains valid for the remainder of its term. An addendum to the lease is not legally necessary. However, the new landlord should comply with Arizona law and give notice as to who the new property manager is and how...Read more »
A listing agreement can be cancelled in most cases, but there can be costs and penalties associated with cancellation. For example, you may be asked to reimburse your agent for his marketing costs. Or, if you decide to sell at a later date, it is possible that your agent may make a claim against...Read more »
Your sibling cannot sell this property unless she has a legal right to do so. This usually means that she must be the property owner or the court appointed personal representative for a deceased owner. Since both parents are now deceased, your rights will be determined by the provisions of their...Read more »
Selling without an inspection or disclosure can be legal. It depends upon how your contract was drafted. You may still have legal recourse if items were concealed or not disclosed despite anything to the contrary in your contract. I recommend reviewing this matter with an attorney. Once your...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.
If your landlord has filed an action to evict you, you will be evicted unless you do something to defend yourself in the court that has jurisdiction; and to do so you may have to pay the amount of rent due into the registry of the court--which usually charges some fee for doing so. If you owe the...Read more »
In many cases it is actually advisable for one of the parties to leave the marital home during the divorce if the divorce is contentious. The children do not need to be exposed to the two of you fighting. The split is going to be hard enough on the children as it is; seeing their parents arguing...Read more »
I have emails confirming May 14th and the only follow up I have received is telling me to just wait longer for my money. I saw online they have 14 business days to provide this refund legally. We are beyond that threshold and Shelton-Cook (Property Manager) has stopped communicating with me... Read more »
Assuming your situation falls within ARS 33-1321, you can file a civil lawsuit against your former landlord to seek a judgment for the money owed. Once you have your money judgment you can use other civil remedies such as execution and garnishment to attempt collection. However, when you file a...Read more »
Probably legal. In most cases you would be on a month to month tenancy after the expiration of your original lease term unless the lease is renewed by you or renews automatically. If you are on a month to month tenancy, the landlord can increase rent on 30 days notice. If you are on a renewed...Read more »
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