What should you do If you own a property with another person who is not your spouse, and the relationship between you deteriorates, dissolves, or even becomes antagonistic? Before, during, and after any negotiations with the other party, it can be extremely helpful to have an experienced attorney advise you on your legal rights and […]
Over the last decade or so, short-term rentals (“STR’s”), such as Airbnb, have become a popular trend throughout the world. In 2016, Arizona was one of the first states to pass a law prohibiting local governments from restricting STRs. More recently, Arizona lawmakers have begun to allow local governments to impose some regulations on STRs, […]
In Arizona, commercial landlords have much greater latitude in their relationships with their tenants than residential landlords. The Arizona legislature has enacted a broad canon of law to protect residential tenant rights, but commercial tenants are expected to generally possess a greater degree of business sophistication, which negates the need to impose statutory restrictions on […]
Arizona’s Homestead Exemption has long protected property being used as a primary residence (or “homestead”) from a creditor’s “judgment lien.” A judgment lien is a non-consensual lien that results from a plaintiff/judgment creditor’s successful lawsuit. It is a recorded money judgement against a defendant/judgment debtor. In 2021, the Arizona legislature amended the Homestead Exemption. The […]
Since 2008, house “flipping” has become a trendy and lucrative business venture. While the practice has tapered off some as home prices have increased, unhappy buyers and vulnerable sellers of fix and flips are still regularly contacting attorneys to enforce their rights or defend themselves. Legal issues often arise because fix and flip investors sometimes […]
In our new series of articles on Arizona contract law, we will be focusing each article on a single, prevalent contract clause, its purpose, and real world meaning. Severability clauses tell a court that even if the contract has unenforceable terms, the parties intend that the remaining agreement should stay in effect. If there are […]
QUESTION: My husband and I purchased our first home right after we were married. Of course, we were thrilled at first, but now that we have been living there for five years, we keep finding construction defects. For example, last time it rained, there was a huge roof leak and it damaged some of our […]
In Arizona, contractors are required to include nine written items in any contract that has a total amount of more than $1,000. Neglecting to do so can subject your contractor’s license to disciplinary action by the Registrar of Contractors, such as license suspension or revocation. If you are an Arizona contractor, make sure your business […]
Under the previous version of the Arizona Residential Landlord and Tenant Act (the “Act”), when a tenant was evicted, their landlord had to store any left behind personal property for 21 days, or when abandoned for 10 days. Often, to comply with the way the Act was worded, landlords felt compelled to store items such […]
Security Deposits Under Arizona law, A.R.S. §33-1321 (D), at the end of a tenancy, a landlord may apply prepaid rent and security money (security deposits) towards unpaid rent, specific charges in the lease, and damages to the premises. Landlords must provide the tenant an itemized list of the deductions with the amount due to the […]
