Who is a Tenant at Sufferance? at Will?
Under Arizona law, tenancy at sufferance is the period of time after a lease has expired during which a tenant does not have tenancy because the landlord has not given permission for the tenant to possess the property. However, Arizona law does not consider the tenant...
Bed Bugs Rental Property
In the world of rental properties, “bed bugs” is a dirty word(s) and a landlord’s worst nightmare. Aside from the physical difficulties bedbugs pose, there are legal ramifications to deal with if one doesn’t take the necessary precautions. Therefore, every landlord...
Atypical Evictions Arizona
Our law firm is frequently contacted by Arizonans looking for help with an "atypical eviction". There are a few keys ingredients that make up an atypical eviction. The first ingredient in an atypical eviction is the actual person we are trying to evict. Often we are...
30 Day Notice to Vacate
In Arizona, month-to-month leases can be terminated by either the landlord or tenant with a 30-day written notice. In the absence of a written lease agreement--or if a written lease expired--Arizona tenants have month-to-month lease. Per A.R.S. § 33-1375(B), either...
Appeal Justice Civil Court Judgment
*** ATTENTION- This Blog Post Applies to NON-Eviction Cases *** Click HERE to Read About Appealing EVICTION Cases Appealing an Arizona Justice Court Ruling A party may appeal a judgment entered in an Arizona Justice Court civil case. FYI, these rules do not apply to...
Discharge Contract in Bankruptcy
Generally speaking, courts do not like agreements that attempt to make a debt non-dischargeable in bankruptcy. Bankruptcy courts have been unreceptive to the use of consent decrees and settlement agreements which attempt to create, by contract, a debt that will be...
What is Lis Pendens
What is a Lis Pendens? Lis Pendens is a formal notice recorded with the local county recorder that puts the world on notice that there is pending legal action regarding a specific piece of real property. The lis pendens is filed with the clerk of the court and...
Non-Disclosed Home Defects
Arizona real estate agents are required to "disclose in writing to all other parties any information the licensee possesses that materially or adversely affects the consideration to be paid by any party to the transaction". A real estate agents failure to disclose a...
Builders Risk Insurance
What is Builder’s Risk Insurance? Builder's risk insurance is a type of insurance policy which covers residential and commercial structures while they are under construction or being remodeled, or renovated. Builder's risk insurance is "coverage that protects a...
What is a Deed of Trust
Arizona Deeds of Trust To fully understand the meaning of the deed of trust, you must first understand promissory notes. Arizona home buyers often think of the deed of trust is the contract they are signing with the lender to borrow money to purchase their home....
Material Breach of Lease
10-day Notice for Material Breach of the Lease Agreement Section 33-1368(A) of the Arizona Residential Landlord and Tenant Act gives guidance to Arizona landlords whose tenants have materially breached their rental agreement. Section 33-1368(A) states in part; "...if...
Judgments and Credit Reports
power of judgments Eviction judgments can be a powerful tool that dramatically increases the odds of a creditor collecting on the debt. A typical judgment will order the debtor to pay the amount awarded to the creditor, attorneys' fees, court costs, and interest until...