Exempt Wells Non Exempt Wells
Most water wells in Arizona are "exempt", meaning they are exempt from regulation and permitting requirements required for "non-exempt" wells. Most residential wells are exempt wells. Water wells play a crucial role in meeting the water demands of Arizona, a state...
Motion for Summary Judgment
What is a Motion for Summary Judgment? A Motion for Summary Judgment is a pleading used in civil lawsuits. filed where a party is asking the judge to rule the issues in dispute without the need for a trial. This is known as a summary judgment, in that it summarily...
Appeal Arizona Eviction
How to Appeal an Eviction in Arizona Arizona law provides tenants the opportunity to appeal an eviction judgment. Appealing an eviction in Arizona is so expensive, time consuming, and cumbersome that I've never seen a tenant successfully overturn an eviction. Appeals...
Eviction After Foreclosure of Home
In Arizona, as a homeowner whose house has been foreclosed you have a finite amount of time to vacate. If you do not vacate during that time then you can be evicted by the new homeowner. Non-judicial foreclosure: Non-judicial foreclosures in Arizona are much faster...
Common Landlord Mistakes
Arizona landlords have many different aspects they must manage to be successful. Listed below are a few of the more common mistakes Arizona landlords make and how to avoid them. failure to fix tenant's Requests for Repairs For instance, Arizona landlords must provide...
Recording Shared Well Agreements
A completed well share agreement must recorded with the appropriate Arizona county recorder. Once recorded, a copy of the agreement should be delivered to the Arizona Department of Water Resources. Understanding the importance of recording a well share agreement,...
Partial Rent Payments
accepting partial rent payments Accepting a partial rent payment will prevent an Arizona landlord from evicting a tenant for non-payment of rent during that calendar month. If an Arizona landlord accepts any money from a tenant--even one dollar--that tenant cannot be...
Designated Bank Account for Well
Shared well bank accounts are used to pay for water well electricity, well repairs, and well maintenance. Traditionally, each property owner pays a flat amount to cover the cost of the electricity and to set aside money for repairs. purpose of the well share Bank...
Discovery in Litigation
What is Discovery of Evidence? During a lawsuit, each party has the opportunity to request formal “discovery” from the opposing party. The Discovery process is accomplished in a variety of ways, one is to send the opposing party a formal set of requests. These...
What is a Writ of Restitution?
Once an eviction judgment in obtained, an Arizona tenant has 5 calendar days to vacate the property. If the tenants do not voluntarily vacate within the 5 days, then an Arizona landlord can file a Writ of Restitution. The Writ of Restitution orders a...
Evicted Tenants’ Belongings
Often, Arizona tenants will leave personal property on the premises after they have been evicted. As a landlord you cannot simply keep or throw away the former tenant's belongings. The Arizona Landlord-Tenant Act requires the landlord to you maintain their possessions...
Mailing Notice to Tenants
In Arizona, every eviction begins with the landlord mailing some type of a notice to the tenant, i.e., 30-day, 10-day, 5-day, etc. Once the tenant has received the notice--or 5 days from the date of mailing has passed at which time it is considered to have been...