Motion for Summary Judgment
What is a Motion for Summary Judgment? In civil lawsuits, a Motion for Summary Judgment is a formal request to a judge asserting that a trial is unnecessary. It argues that the facts are undisputed, meaning both sides agree on what happened, and that based on those...
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...
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...
Arizona Well Managers: Overseeing Shared Well Operations
In Arizona, where water is a precious resource, many property owners rely on shared wells for their water supply. The management of these wells is a crucial responsibility that ensures fair distribution, maintenance, and compliance with state regulations. This is...
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...
Run With the Land
What Does It Mean When a Contract "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...
Rent Striking in Arizona
Arizona does not permit “rent-striking”. Meaning, a tenant cannot legally withhold rent except in a very few exception.
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