Evictions and Claims of Ownership
Evictions & Claims of Ownership Eviction lawsuits are designed to address the issue of possession and not ownership. Eviction lawsuits are to provide a summary, speedy and adequate remedy for obtaining possession of premises withheld by tenants, and for this...
Judgments and Credit Reports
Power of Eviction 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...
Assessment Lien Well
It is common for well share agreements to have a provision whereby a lien can be levied under ARS 33-1256 and ARS 33-1257 for unpaid dues. Steps to Recording an Assessment Lien Pre-lien Letter. At least thirty (30) days prior to...
Well Share Managers
Arizona well share managers oversee the management of shared water wells. They are responsible for making sure the well is successfully managed. well share manager tasks Manage the Designated Bank Account- A designated bank account should be used well pump...
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...
Bank Balances and Bankruptcy
The money in your bank account on the day you file belongs to your bankruptcy estate. In the eyes of the law, the money in the bank is yours, even if you have written checks that have not yet cleared the bank. *The money from Pending Payments or uncleared checks is...
48 Hour Notice to Enter
A 48 hour notice must be given to Arizona tenants before their landlord can legally enter the rental property. Arizona landlords have the right to periodically enter their rental properties, however, the Arizona Residential Landlord Tenant Act states that entering the...
Automatic Stay of Bankruptcy
Understanding the Automatic Stay One essential concept within bankruptcy law is the automatic stay, a crucial provision that offers immediate relief and protection to debtors facing financial distress. The automatic stay is one of the biggest benefits to someone...
Runs With the Land
What is "Runs with the Land"?:The legal doctrine of "runs with the land" refers to a principle that attaches certain rights, obligations, or restrictions to a piece of real property rather than to a specific individual. In other words, these rights or obligations are...
Rent Striking in Arizona
Arizona does not permit “rent-striking”. Meaning, a tenant cannot legally withhold rent except in a very few exception.
Joint and Several Liability
[vc_row][vc_column][vc_column_text]The legal doctrine of joint and several liability is a fundamental concept in tort law and contract law that plays a crucial role in determining who is responsible for damages when multiple parties are involved in a legal dispute....
Statute of Frauds
[vc_row][vc_column][vc_column_text]What is the Statute of Frauds? The Statute of Frauds is a legal doctrine that requires certain types of real estate contracts be in writing to be legally enforceable. Its primary purpose is to prevent fraudulent claims and...
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