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...
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...
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 recording an assessment lien on a...
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...
Motion In Limine
Understanding Motions in Limine in Arizona Litigation Motions in limine play a critical role in shaping what evidence is ultimately presented to a jury. These pretrial motions are often filed in both civil and criminal cases and can significantly influence the course...
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.
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....
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