Discovery in Litigation
What is Discovery of Evidence? During a lawsuit, each party has the opportunity to request formal “discovery” from the opposing party. The Discovery process is accomplished in a variety of ways, one is to send the opposing party a formal set of requests. These...
What is a Writ of Restitution?
Once an eviction judgment in obtained, an Arizona tenant has 5 calendar days to vacate the property. If the tenants do not voluntarily vacate within the 5 days, then an Arizona landlord can file a Writ of Restitution. The Writ of Restitution orders a...
Evicted Tenants’ Belongings
In Arizona, tenants often leave personal property behind after being evicted. As a landlord, you cannot simply discard or keep their belongings. The Arizona Landlord-Tenant Act requires landlords to store the former tenant's possessions for at least 14 days....
Mailing Notice to Tenants
In Arizona, every eviction begins with the landlord mailing some type of a notice to the tenant, i.e., 30-day, 10-day, 5-day, etc. These notices must be sent via certified mail. If the tenant signs for the Notice then the time starts from that day. If the tenant does...
Eviction Trials in Arizona
What Is the Difference Between an Eviction Hearing and Eviction Trial? Every eviction case in Arizona requires a hearing but occasionally a case will also be set for trial. An eviction case will be set for trial if a tenant appears at the initial hearing and...
What is an Easement?
An Easement is the right to use real property owned by another person for a specific and limited use. how are easements created? Easements are created by several methods but they fall into two categories; "express" by an act or by "prescriptive" use of the easement....
Eviction from Mobile Home
***This Specific Post Only Applies to Arizona Mobile Home Parks*** The landlord-tenant relationship with Arizona Mobile Home Parks is very different from the law that pertains to renting a traditional home or apartment. One major different between mobile home parks...
Refund a Security Deposit
Properly Refunding a Security Deposit Per A.R.S. § 33-1321(D) of the Arizona Residential Landlord and Tenant Act, a landlord must send a disposition of deposit letter to the former tenant within 14 (fourteen) business days. If the cost of the damage...
Eviction Statistics in Arizona
There is a distinct pattern or cycle to the volume of residential evictions that occur throughout the year in Arizona. For instance, each year there is a spike of evictions in January, why is this? landlords DELAY EVICTIONS DURING HOLIDAYS Contrary to popular believe...
When Tenant Files Bankruptcy
What Should You do if a Tenant Files Bankruptcy? A landlord must immediately stop an eviction if a tenant files bankruptcy. If you receive a notice from the bankruptcy court that a tenant you are trying to evict has filed bankruptcy then stop the process! Bankruptcy...
What Is a 341 Hearing?
Approximately 30 to 45 days after your bankruptcy case is filed, you must attend a 341 hearing in the bankruptcy court house, there are several reasons for the 341 hearing. The first reason for the meeting is because it is required by the bankruptcy code. All...
Late Well Registration in AZ
Since 1980 all wells are to be registered with the Arizona Department of Water Resources. Occasionally, it is discovered that a well in existence has not been registered with the ADWR, either because the well was drilled before 1980 and the owner never registered the...
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