Dad has two options. He can call the police and see if the police will remove them as trespassers. Or he can evict per the Arizona Residential Landlord and Tenant Act. If he must evict, I recommend that he consult with an attorney familiar with residential evictions.
Yes, it is not uncommon to amortize a loan over 20 or 30 years but provide for a balloon payment after 3-10 years. This allows a buyer to purchase and, if needed, provides time to build equity and improve his or her credit so it may be possible to refinance conventionally when the balloon payment...Read more »
An Arizona attorney could advise best, but your post remains open for three weeks. I'm sorry for your ordeal and stressful situation. Unfortunately, when it comes to property loss cases, pain and suffering does not generally enter the equation. That is a measure of damages that arises in...Read more »
MY HOA refuse to pick up my mail, which includes my monthly dues. This has been going on for 4 months now. All mail was sent certified return receipt. There was an ADRE case on HOA refusing to pick up mail, and who is liable. I am awaiting response.
You should not be using certified mail unless the HOA Rules require it. The HOA has no obligation to be available all the times to sign a receipt to the mailman. Send all checks regular mail or hand deliver them, and when they cash them, you will have a bank record of some type. You knew you...Read more »
I'm in a home rental which expires end of Jan2021. i was informed that the homeowners getting divorced, can i keep lease? Or can they terminate my lease? I have never missed a payment, i pay 2 weeks early and never had any complaints or issues. I want to stay... Do the homeowners have to honor... Read more »
The homeowners' divorce does not impair your rights under the lease and is not, by itself, grounds for lease termination. So long as you pay your rent, you should be allowed to complete your lease term unless your lease contains provisions that would allow the owners to terminate early.
Generally, in landlord/tenant cases, you sue the landlord (or property owner) - not the property management company or property manager. The property manager typically is not the property owner and merely the landlord's agent who at all times is acting on behalf of the landlord. If the...Read more »
I’m just looking for any further legal information that I could be aware of. So that he knows what’s in state for him and also for me of course.He has not paid the mortgage for about a year since he moved out he does not pay electric bills water bills or even any other home repairs that were... Read more »
You and your friend remain partners in this home. He may continue to participate in any appreciation in value along with you. You can terminate the partnership by buying him out. You may need to refinance to do this. Or you can sell the home and divide the proceeds in a way fair to both of you....Read more »
She had no place to go after her lease was up back in charlotte NC. My fiance and I let her move in with us in Buckeye Arizona. She was told the rules in the household including: getting a job, coming home at a decent hour if she went out, assist in household chores, and pay for room and board... Read more »
Are you the owner of this home? Will you have your husband's support? If so, you and your husband can evict your husband's daughter. Governor Ducey has issued an Executive Order placing a temporary stay on residential evictions. If your circumstances are covered by this order, your...Read more »
Was only 5m into 12m lease. Explained job loss (COVID). Landlord was understanding. Paid full rent ($1875) on the first, and was out on the 8th. Had also paid a full month of rent as security deposit and $500 in non-refundable cleaning fees. Was hoping landlord could get re-rented within the 7... Read more »
I recommend that you consult with a real estate attorney if your landlord makes a claim against you for additional rent. Your landlord must mitigate its damages under Arizona law and the reasonableness of the landlords attempt to re-rent is a fact issue for the judge to decide should a claim be...Read more »
Hello, it appears that you are searching for case law to support a claim for premise liability stemming from a slip and fall injury on stairs. I do not know if you will be able to obtain case law specific to the facts of the current situation, but there is existing case law which addresses when a...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.
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 »
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 »
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 »
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 »
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 »
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.
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 »
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