Category: Landlord – Tenant Law

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 the landlord or tenant can terminate the month-to-month lease with a 30-day written notice.

The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.

A.R.S. 33-1375(B)

timing of the 30 day notice

Calling these notices, a 30-day notice is a bit of a misnomer because the 30 days isn’t calculated from the time the notice was mailed or received. The 30 days begins on the first of the coming month.

It would be logical if the 30 days started from the time the notice was mailed or received but 30 days start at the beginning of the next billing cycle–usually the first of the month.

For example, if rent is due on the 1st day of the month and a landlord sends the 30 day notice of October 12th, the tenants have until November 30th to vacate. If they have not vacated by that date then an eviction action can begin.

So factor the correct timing into your plans. Lastly, make sure the 30-day notice is sent via certified mail!

Furthermore, a tenant who does not vacate by the end of the 30 days may be liable to the landlord for additional damages. A.R.S. § 33-1375(C) states:

“If the tenant remains in possession [of the property] without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant’s holdover is willful and not in good faith the landlord, in addition, may recover an amount equal to not more than two months’ periodic rent or twice the actual damages sustained by the landlord, whichever is greater.”

A.R.S. 33-1375(C)

This means that tenants who do not leave by the end of the month face the risk of double damages being added onto the judgment obtained by an Arizona landlord.

If you are an Arizona landlord looking to evict a tenant for wrongful holdover 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.

Appeal Justice Civil Court Judgment

*** ATTENTION- This Blog Post Applies to NON-Eviction Cases ***

Click HERE to Read About Appealing EVICTION Cases

Appealing an Arizona Justice Court Ruling

A party may appeal a judgment entered in an Arizona Justice Court civil case. FYI, these rules do not apply to eviction cases, but traditional lawsuits filed in the Justice Court. There are two separate stages to appeal a Justice Court ruling. The first stage begins in the Justice Court; the second stage takes place in the Superior Court. The party filing an appeal is the Appellant and the opposing party is the Appellee.

Stage 1 of an Appeal: the Justice Court

The Notice of Appeal

The first step to appeal the judgment a Notice of Appeal must be filed in the Justice Court within 14 calendar days from the date of the judgment. If you do not file this Notice of Appeal within the 14 calendar days then you lose the right to appeal. The time to file this Notice of Appeal cannot be extended so do not miss the deadline! Currently (Jan. 2021) the Notice of Appeal fee is $84.

Appeal Fees

On or before the deadline to appeal, you must pay an appeal fee. The fee includes the cost of creating a copy of the audio recording of the proceedings and the transmittal of this recording to the Superior Court.

The Court Record

The Justice Court record is made by CD or video. The Arizona Justice Court will notify us when a copy of the audio recording is ready to be picked up. The record is usually available within 10 days of filing the Notice of Appeal. If the audio record is more than 90 minutes in length, it will be necessary for the Justice Court to pay a court reporter to prepare a transcript of the proceedings within the deadline to appeal. The transcript must be filed with the Justice Court at the same time we file our memorandum.

Designate the Record

Within the time to appeal you must designate the record with the trial court by filing a formal list of the items you want to include in the record on appeal.

The Cost Bond

On or before the deadline to appeal you must pay a cost Bond. Currently, (Jan. 2021) the cost bond is set at $250. The purpose of this bond is to cover Arizona Just Court costs incurred by the Appellee for defending the appeal.

Supersedeas Bond(s)

The purpose of a supersedeas bond is to prevent enforcement of the Judgment by the Plaintiff. The two supersedeas bonds have separate purposes. One will stay collection actions on the amount of the Judgment awarded, i.e., garnishment proceedings.

The amount of the supersedeas bond is the total amount of the Judgment ordered by the court, including court costs, attorneys’ fees, damages, etc. The purpose of this bond is to postpone collection proceedings on the money judgment awarded. For example, levying a bank account or garnishing wages. The stay becomes effective when the bond is paid.  

You may still exercise your right to appeal without posting a supersedeas bond. But you must post one or both supersedeas bond to prevent enforcement of the Judgment.

The Appeal Memorandum

The Appellant’s memorandum is a written explanation of why the Arizona Justice Court’s ruling was legally wrong. This memorandum should refer to specific portions of the record of the trial to point out where the Justice Court errored. The memorandum should be typed or printed on letter-sized white paper, double-spaced, and not to exceed 15 pages in length. In addition, you may also attach exhibits from your hearing to the memorandum. The original memorandum is filed with the Justice Court and one copy of the memorandum is mailed to every party in the case. Once the memorandum has been filed, the Justice Court must wait for further instructions from the Arizona Superior Court. See Stage 2 of the appeal of judgment.

Stage 2 of an Appeal: the Superior Court

Paying the Superior Court filing Fee

Once all of the steps from the Justice Court Appeal’s First Stage have been completed the case moves to the Superior Court. About 60 days after the memorandum has been filed you will receive a notice from the Superior Court instructing you to pay the Superior Court filing fee.

Superior Court Action on the Appeal

Once all of these steps have been completed, a ruling will be issued from the Superior Court. The Arizona Superior Court has the right to affirm the Justice Court, overrule the Justice Court, modify some of the Justice Court’s decision, or, if the record is not clear, order a new trial in the Justice Court. If the final outcome of the case is that the ruling stands, or if the appeal is dismissed for any reason, the court may use any bond, deposit or payments made to satisfy the obligation under the original judgment.

*** ATTENTION- This Post Only Discusses Appealing NON-Eviction Cases ***

Click HERE to Read About Appealing Arizona EVICTION Cases.

If you need help from an Arizona real estate attorney 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.

What is Lis Pendens

What is a Lis Pendens?

Lis Pendens is a formal notice recorded with the local county recorder that puts the world on notice that there is pending legal action regarding a specific piece of real property. The lis pendens is filed with the clerk of the court and then filed with the proper Arizona county recorder. It must be filed subsequent to the beginning of a lawsuit surrounding the property in question.

lis pendens and law suits

In order to record a lis pendens there must be an ongoing lawsuit. A lis pendens literally means a “Notice of Pending Action.” In other words, it is a notice to the world that there is a lawsuit regarding title to that real estate. A lis pendens is not a lien and it cannot stop someone from selling or getting a loan secured by real property. However, it usually does effectively deter others from buying, selling or borrowing money because it means the ownership rights to that property are in question.

What is the purpose of filing a Lis Pendens?

A lis pendens provides notice of a claim involving specific real estate to potential buyer, lender, and the general public. It will basically freeze an Arizona property so that it cannot be sold or refinanced.  

What is the effect of a Lis Pendens?

Any future person who acquires an interest in the property after a lis pendens is recorded is bound by the ultimate results of the pending lawsuit. So even though the lis pendens doesn’t legally prevent a sale or loan, from a practical point it does. As such, prospective buyers, lenders and title insurers are very reluctant to become involved with property that could be adversely impacted by a pending suit.

Release of Lis Pendens

In Arizona, a lis pendens is typically removed by filing a Release of Lis Pendens with the Court and then the county. This is a voluntary act made by the party that recorded and filed the lis pendens in the first place, and usually occurs as a result of the settlement of the litigation or some other agreement between the litigants.

Wrongfully recording a lis pendens can result in statutory and actual damages against the filing party. Therefore, it is important to hire an attorney who is familiar with these laws and has experience with litigation involving a lis pendens

If you have a real estate dispute and need help from an experience Arizona real estate lawyer then contact the Dunaway Law Group at 480-389-6529 or by sending us a message HERE.

Evicted Tenants’ Belongings

Often, Arizona tenants will leave personal property on the premises after they have been evicted. As a landlord you cannot simply keep or throw away the former tenant’s belongings. The Arizona Landlord-Tenant Act requires the landlord to you maintain their possessions for at least 14 days.

Per A.R.S. § 33-1368(E) a landlord, must hold the evicted tenant’s possessions for a minimum of 14 days from the day the Writ of Restitution was executed (day the constable removed the tenants) issued. 

As A landlord, you may

  • Keep the tenant’s belongings that the rental property for the 14 days,
  • Move the tenant’s belongings to an off-site storage facility,
  • Require the tenant to reimburse you for the actual cost of moving and storing their belongings during the 14-day period,
  • Prohibit the tenants from ever returning to the property without your explicit permission.

As a landlord you may NOT

  • Arizona landlords cannot require their former tenant pay for eviction judgment prior to releasing the belongings to them. Meaning you cannot require a tenant pay you for all back rent, late fees, attorneys’ fees, and court costs prior to returning their belongings. Again, an Arizona landlord may only demand payment for the actual cost of storing and moving the tenants’ belongings.
  • Dispose of the tenant’s property prior to the expiration of the 14 days.  

catalogue the tenants’ belongings

You should itemize everything left behind by the tenants. If you do choose to remove the tenant’s belongings from the rental property, use considerable care, you will be responsible for any damage to their belongings. It is a good idea to photograph (take 100 – 200 pictures), and/or video the rental property so that you have an inventory of what was left behind. This will also give you the opportunity to catalog any damage to the rental unit itself. Take the inventory prior to moving any of the personal property from the rental unit.

After the 14-day period, if there has been no contact from the evicted party, and they have not claimed, or made and agreement to claim their property, an Arizona landlord may sell the items or dispose of the items that were left behind.

If you need help from an Arizona eviction attorney, 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 be the rendering of legal advice. Reading these blog posts does not create an attorney-client relationship, nor shall it impose an obligation on the part of the attorney to respond to further inquiry. The Dunaway Law Group limits its practice to the State of Arizona.

Non-Disclosed Home Defects

Arizona real estate agents are required to “disclose in writing to all other parties any information the licensee possesses that materially or adversely affects the consideration to be paid by any party to the transaction”. A real estate agents failure to disclose a known defect about the property could put their license in jeopardy and expose themselves to financial sanctions!

R4-28-1101 of the Arizona Administrative Code of Professional Conduct: states that real estate agents owe a fiduciary duty to the client and shall protect and promote the client’s interest. However, it also states that they are to deal fairly with all parties to the transaction–even the buyer.

Don’t hide your eyes from defects that should be disclosed to potential home buyers.

What if a Complaint is made to the AZDRE?

If a complaint is made by a party to a real estate purchase that an Arizona real estate agent hid material information from the buyer than a notice will be sent to that real estate agent. The Arizona Department of Real Estate (AZDRE) will begin a thorough review of the complaint to make a finding of their own. As part of this review process it is highly likely that the AZDRE will ask the real estate agent for all documents pertinent to this situation. For instance, they may ask for all emails, text messages, contracts, addenda to the contract, etc.  

Do Not Simply Ignore the Department’s Requests

If you are a real estate agent who has received a request from the AZDRE for documentation do not ignore it! Ignoring the problem will not make it go away. Don’t think that by sticking your head in the sand the AZDRE will forget about the alleged violation. In fact, simply ignoring the Department’s request for documents can cause you to lose your real estate license AND prevent your from renewing or reapplying for a license!

A.R.S. 32-2153(B)(11): States that “The commissioner may suspend or revoke a license, deny the issuance of a license, issue a letter of concern to a licensee, issue a provisional license failure “to respond in the course of an investigation or audit by providing documents or written statements.”

Don’t be this type of Arizona real estate agent! If you are the victim of a dishonest real estate agent or if you are a real estate agent who needs to correct her wrongs then contact the Dunaway Law Group at 480-389-6529 or at HERE.

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