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Rent Striking in Arizona

Arizona does not permit “rent-striking”. Meaning, a tenant cannot legally withhold rent except in a very few exception.

Arizona does not permit “rent-striking” by tenants. Meaning, a tenant cannot legally withhold rent from a landlord except in a very few exceptions.

A.R.S. 33-1363(A) and (B) of the Arizona Residential Landlord and Tenant Act specifically address what a tenant must do prior to withholding rent from the landlord.

Section 33-1363(A) states in part: A tenant “may notify the landlord of the tenant’s intention to correct the condition at the landlord’s expense. After being notified by the tenant in writing, if the landlord fails to comply within ten days or as promptly thereafter as conditions require in case of emergency, the tenant may cause the work to be done by a licensed contractor and after submitting to the landlord an itemized statement and a waiver of lien, deduct from his rent the actual and reasonable cost of the work, not exceeding”…an amount less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater.
A.R.S. 33-1363(A)

Additionally Section 33-1363(B) states in part;

“A tenant may not repair at the landlord’s expense if…the condition repaired does not constitute a breach of the fit and habitable condition of the premises.”
A.R.S. 33-1363(B)

before a tenant withhold rent they must:

Write the landlord and notify him of their intention to correct the condition at the landlord’s expense;
The tenant must give the landlord ten days to fix the problems outlined in the written notice;
Give the landlord ten days to fix the problem before seeking any self-help solutions;
Have the repairs completed by a licensed contractor;
Submit the landlord with an itemized statement;
Provide the landlord a waiver of lien;
Deduct from their rent the actual and reasonable cost of the work;
Not to exceed $300 (three hundred dollars), or half of the month rent, whichever is greater; and
The repairs must constitute a breach of the fit and habitable condition of the premises.

If you are a landlord and have questions about tenants withhold rent then contact the Dunaway Law Group at 480-702-1608 or message us HERE.

The Dunaway Law Group provides this information as a service to clients and other friends for educational purposes only. It should not be construed or relied on as legal advice and does not create a lawyer-client or attorney-prospective client relationship. The law changes quickly and varies from jurisdiction to jurisdiction. As such, readers should not act upon this information without seeking advice from professional advisers. Additionally, this Firm limits its practice to the states of Arizona and New York.

Joint and Several Liability

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. This doctrine is often applied when harm or injury occurs due to the actions or negligence of more than one party. In this blog post, we will delve into the concept of joint and several liability, understand its principles, and explore how it is applied in legal cases.

Understanding Joint and Several Liability

Joint and several liability is a legal doctrine that allows for multiple parties to be held collectively and individually responsible for a plaintiff’s injuries or damages. This means that in cases involving two or more defendants, the plaintiff can choose to pursue the entire judgment from one defendant or apportion the damages among multiple defendants, depending on their financial ability or degree of fault.

Key Elements of Joint and Several Liability

Multiple Parties: Joint and several liability comes into play when there are multiple parties involved in a legal dispute. These parties can be individuals, businesses, or entities that share responsibility for the plaintiff’s harm.
Individual Liability: Each party can be held individually liable for the full extent of the plaintiff’s damages. In other words, a plaintiff can seek to recover the entire amount from any one defendant, even if that defendant’s actions were not the sole cause of the harm.
Right to Contribution: Defendants who are held responsible for damages beyond their share can seek contribution from the other responsible parties. This means that if one defendant pays more than their fair share of the damages, they can later recover the excess amount from the co-defendants.
Several Liability: In cases where the plaintiff chooses to apportion damages among multiple defendants, each defendant will be held liable only for their share of the damages. This approach is known as several liability, and it ensures that defendants are responsible for the damages they caused.

Applications of Joint and Several Liability

Personal Injury Cases: Joint and several liability is commonly used in personal injury cases where multiple parties may be at fault for an accident. For example, in a car accident involving a negligent driver and a municipality with poorly maintained roads, the injured party may choose to recover damages from either the driver, the municipality, or both, depending on the circumstances.
Product Liability: In product liability cases, manufacturers, distributors, and retailers may be held jointly and severally liable if a defective product causes harm to a consumer. The injured party can choose to sue any or all of the responsible parties.
Contract Disputes: Joint and several liability can also arise in contract disputes. For instance, if multiple parties are jointly responsible for fulfilling the terms of a contract and one party fails to meet their obligations, the innocent party may seek to recover the full amount of damages from any or all of the defaulting parties.

Conclusion

Joint and several liability is a legal doctrine that serves to ensure that plaintiffs are adequately compensated when they suffer harm due to the actions or negligence of multiple parties. It provides flexibility in legal proceedings, allowing plaintiffs to seek recourse from the party or parties best able to satisfy the judgment. At the same time, it holds all responsible parties accountable for their contributions to the plaintiff’s injuries or damages. Understanding this doctrine is essential for individuals, legal practitioners, and businesses alike, as it has far-reaching implications in various areas of law, including tort law and contract law.

If you are looking for an experienced litigator, then contact the Dunaway Law Group at 480-702-1608 or message us HERE.

The Dunaway Law Group provides this information as a service to clients and other friends for educational purposes only. It should not be construed or relied on as legal advice and does not create a lawyer-client or attorney-prospective client relationship. Readers should not act upon this information without seeking advice from professional advisers. Additionally, this Firm limits its practice to the states of Arizona and New York.

Statute of Frauds

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 misunderstandings arising from verbal agreements and to create a clear and verifiable record of important contractual obligations. In Arizona, the Statute of Frauds for real property transactions is governed by A.R.S. § 44-101.

Real Property Transactions Covered by the Statute of Frauds in Arizona

The Arizona Statute of Frauds mandates that contracts involving the sale, exchange, or lease of real property, or any interest in real property, must be in writing to be legally enforceable. This encompasses a wide range of real estate transactions, including but not limited to:

Sales of Land and Homes: Any agreement to buy or sell a piece of land or a residential property, whether it’s a single-family home or a condominium, must be documented in writing to be legally binding.
Lease Agreements: If you’re entering into a lease agreement for real property, such as leasing a commercial space or residential unit for a term exceeding one year, it must also be in writing to be enforceable.
Real Estate Option Contracts: Option contracts, which give one party the right to buy or sell real property at a specified price within a specified timeframe, must be in writing to be legally valid.

Key Elements of a Valid Written Agreement

To comply with the Statute of Frauds in Arizona, a written agreement related to real property transactions must include certain key elements:

Identification of the Parties: The names and addresses of all parties involved in the agreement must be clearly stated.
Property Description: A detailed description of the real property being transacted, including its legal description, address, and any relevant parcel or tax identification numbers, should be included.
Terms and Conditions: The terms of the agreement, including the purchase price, financing arrangements, and any contingencies or conditions, should be spelled out.
Signatures: The written document should be signed by all parties involved. Signatures are a critical component of demonstrating consent and intention to be bound by the contract.

Implications of Non-Compliance with the Statute of Frauds

Failing to adhere to the Statute of Frauds can have significant consequences. A contract that doesn’t meet the statutory requirements is generally unenforceable in a court of law. This means that parties may not be able to enforce their rights, collect damages, or compel performance if the contract is solely oral or inadequately documented.

Seek Legal Guidance

In conclusion, the Statute of Frauds in Arizona is a fundamental legal doctrine that underscores the importance of written agreements in real property transactions. If you need assistance with a real property transaction or dispute then contact the Dunaway Law Group at 480-702-1608 or message us HERE.

* These blog posts are not intended, nor shall they be deemed to render legal advice. Reading these blog post does not create an attorney-client relationship, nor shall it impose an obligation on the part of the law firm to respond to further inquiry. The Dunaway Law Group limits its practice to the states of Arizona and New York.

Buying a House with a Shared Well

When buying an Arizona home with a shared water well, there are certain considerations to keep in mind. Many homebuyers have questions and concerns about shared wells when they’ve never lived in a house that shares a water well. By definition, a shared well is a water well that services two or more homes for residential purposes.

If you are consider buying a home that has a shared well, there are a few important things to keep in mind:

Is there an existing shared well agreement? Is it up to date? Accurate?
What are the monthly operating costs?
Are there any built-in contingencies for remediation, repairs, maintenance, and quality testing?
Are there any restrictions placed on your system? For instance, does the shared well agreement prohibit the use of swimming pools?
Are there well records showing the history of maintenance and repairs?

inspecting the well

Arizona private well owners are left to manage and protect their own wells. There are no standards for the performance of private or shared water wells during the sale and transfer of the real estate upon which the well is constructed. Inspecting the well is not a legal requirement but you’d be crazy not to inspect it. Any buyer should know the condition of the well because it could need costly repairs and/or maintenance! Depending on the condition of the well a would-be home buyer may want to offer les for the house or not even buy it.

*Note: Arizona home inspectors do not inspect wells as part of the home buyer’s inspection. They inspect the entire house but not the well!

It is imperative that a shared well is functionig properly, otherwise dozens of people may be without water!

Here are a few basic items that should be in a shared well agreement:

Specification of the cost involved to share your pump in regards to power, repairing, testing and inspecting.
Requirement for corrective courses of action if testing reveals a deficiency.
Prohibit the use of the well water by any party for any reasons other than for bona fide domestic usage.
No additional residences may connect and use of the water.

disclosure forms provided by AZ realtors

The Arizona Association of Realtors as a trade association has enacted standards for the management of all exempt wells in the state of Arizona during sales and transfer of real estate. This fantastic idea is being done by the Realtors association without authorization by the Arizona Legislature or ADWR.

The Arizona Realtors group has authorized and put into place two forms that all Realtors must use to inform buyers of real estate served by private water wells. They must be used for each transaction involving private or shared water wells. They are the Domestic Water Well Addendum and the Domestic Water Well Water Use Addendum Seller’s Property Disclosure Statement. They promulgated these forms because it is essential information necessary for the protection of the health, safety, and welfare of home buyers relying on exempt wells.

The first form, the Addendum, must be signed by both the seller and the buyer. The addendum informs the buyer that the Arizona home is supplied with water from a residential water well. The second form, the Disclosure Statement, provides the buyer with the best detailed information about the well that the seller can provide. Most well owners are not familiar with the information requested on the form. The “best information that the seller can provide” is what a buyer gets from this form.

prepare early to avoid delays in closing

A proper shared well agreement requires the signatures from the owners of each property that will be receiving water from the shared well. Hammering out the details of the agreement can be an incredible hassle. Sometimes a homeowner will dig in their heels over a certain provision. The back and forth can cause the sale to be delayed if the parties do not plan accordingly.

the importance of maintaining proper shared well records

Shared well agreements and their records can often become more and more innacurate. New owners will began accessing the well without written record or the parcel size / shape is changed because it has been split.

If you are looking to draft a shared well agreement or make amendments to an existing shared well agreement, then contact us at 480-702-1608 or message us HERE.

* The information provided is informational only, does not constitute legal advice, and will not create an attorney-client or attorney-prospective client relationship. Additionally, the Dunaway Law Group, PLC limits its practice to the states of Arizona and New York.

Drilling a New Well in Arizona

A well in Arizona can only be drilled after obtaining permission from the Arizona Department of Water Resources.

Licensed Well Drillers

Water well drilling must be performed by a contractor licensed by the Arizona Registrar of Contractors. Under ARS 45-596, a Notice of Intent to drill must be filed with the ADWR before any drilling actually takes place. Once permission has been obtain, the well must be drilled within one year from the date of approval.

Well Driller’s Report. Within 30 days of drilling an Arizona well, the well driller must submit a Well Driller Report to the Arizona Department of Water Resources. The Well Driller’s Report must include the well’s Latitude and Longitude measured by GPS. The measurements are to be reported in the NAD83 datum and in degrees, minutes, decimal seconds (ddd°mm’ss.ss”) and should clearly identify any other datum used to determine the location of a well. Previously, the Well Driller’s Report would include a hand-drawn map of a very general location of the well.

The ADWR assigns a well registry number to the well once the well driller has submitted it notice of completion.

water well construction standards

There are a few minimum well construction standards mandated by the Arizona Department of Water Resources for domestic well construction A.R.S. 45-594 and the initial reporting by the well driller. Water well drillers are licensed by the ADWR by A.R.S. 45-595 and they are required to submit only basic well construction information.

There are no regulations, or standards of performance, or previous work experience requirements by the ADWR, however, for the well and pump contractors who equip and service private wells in Arizona. Maintaining well ownership, performance and equipping records with the ADWR is the sole responsibility of the registered well owner.

If you have questions about drilling shared wells in Arizona, then contact the Dunaway Law Group at 480-702-1608 or message us HERE.

The information provided is informational only, does not constitute legal advice, and will not create an attorney-client or attorney-prospective client relationship. Additionally, the Dunaway Law Group, PLC limits its practice to the states of Arizona and New York.