Arizona Landlord And Tenant Legal Questions

If the property manager is threatening eviction for damaged blinds only--especially if they are breaking due to age and reasonable wear and tear-- then that alone is very weak grounds for eviction.  However, if your tenancy is about to expire, they are not obligated to renew your lease.  The statutes obligate you to "[n]ot deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so," among other obligations. See A.R.S. 33-1341; also see the terms of your lease. Unless you "deliberately or negligently" broke these blinds or otherwise violated a material term of your lease, the security deposit should cover them--and the landlord (or his agent the property manager) may use the security deposit to fix/replace them now. A.R.S. 33-1321(G).  Landlords are obligated to act in good faith, and the property manager's actions do not sound like good faith. A.R.S. 33-1311.     ... Read More

He has not given you any type of notice that he will vacate. A notice that he might vacate is not a notice that he will. If you tried to evict him he could legally defend by saying he never said definitely he would leave. He may have changed his mind. Contact him and find out his intentions. If he gives you a written notice you receive 9/20, he can move out without having to pay more rent after 10/19; the notice does not require the move out date to be the same part of the month as when the lease began.... Read More

You will need a lawyer for this eviction. The friends obtained possession from your sister, so they are lawfully in the property. No rent has been paid, so a 5-Day Notice to Pay or Quit must be issued. A Demand for Possession must also be sent. Then an eviction action must be filed in court.... Read More

Don't know. I would have to look at the lease. But if I were a landlord of a house subject to HOA rules, I would include in the lease a requirement that the tenant comply with the rules and if the tenant did not comply, that would be grounds for terminating the lease. So, is the landlord as smart as me? Look in the lease and find out.... Read More

"Relief," typically refers to the form of outcome you wish to pursue, ie. money damages, injunctive action, etc.  If you are having trouble with terminology or need assistance, there are legal aid clinics available in some locations that might be able to assist you. Please see: http://portal.hud.gov/hudportal/HUD?src=/states/arizona/homeownership/legalaid This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

If you are referring to a residential lease, the answer is "no." The landlord cannot forcibly enter. The landlord cannot seize any personal property. If you are referring to a commercial lease, UNLESS the lease states otherwise, the landlord CAN enter the premises, CAN lock you out, and CAN seize your personal property for nonpayment of rent.... Read More

I think that the last part of your "Question Details" was cut off. Your right to a refund will be found in your purchase contract. It sounds like your purchase was contingent upon your loan approval. You were approved for the loan, so that is not a basis for you canceling the contract. The question is whether the seller's lender failure to notify you of loan approval within sixty days provides you with a basis to cancel the contract. That part of the contract language was cut off in your Question Details, so look there first. My guess is that it contains language that lets the seller extend that period if it wishes, which (of course) it would. You did not include facts or language for Sections 7.10 or Section 1004, but Section 10.2.2 allows for termination of the contract under those sections also, so you should review those sections to see if you have a factual basis for terminating the contract under those sections. Assuming those sections don't apply, then the language you quoted would allow the seller to let you cancel the transaction, but keep your deposit. Although that may seem harsh, keep in mind that you signed a contract to purchase the home, received loan approval and then you changed your mind.... Read More

The property manager "may" be able to hold your deposits. That answer is not addressed by statute, it is normally addressed by contract. Your lease may state what the property manager may or must do if the property manager stops managing the property during the term of the lease. Alternatively, the property management agreement (which is between the property manager and the owner; you are not legally entitled to a copy) may state what the property manager must do with your deposit. Having said that, send a letter to the property manager asking for return of your refundable deposits and see what kind of response you get. I know some property managers who send the refundable deposits back to the tenants even thought the property manager was contractually obligated to send it to the owner.... Read More

First, take photographs of any pests (i.e., bed bugs or other pests) with a camera that will date-stamp the photograph. Second, send a letter to the landlord saying: (1) the premises has an infestation of pests, (2) you consider this to be a material noncompliance, and (3) you will terminate your rental agreement and move if the noncompliance is not remedied within ten business days. See Arizona Revised Statutes, Section 33-1361(A). You may, but are not required, to enclose a copy of the photograph. Hand-deliver the letter; if you cannot hand-deliver the letter, then send it via certified mail, return receipt requested. If the landlord takes no corrective action within the ten business days AND if the infestation continues (you will need to take photographs of pests you observed after the ten day period), then you may terminate your lease and vacate. If, however, the landlord takes some type of corrective action, then you will need to start the process over if the infestation continues after the landlord has taken corrective action.... Read More

Yes, you can be evicted if timely pay rent but the landlord does not pay the underlying mortgage. The landlord/owner is in default under the contract with the owner's lender, but the landlord/owner is not in default under the rental agreement with you (tenant) unless the lease includes such a provision (e.g., the AAR February 2008 lease form, lines 206 to 208, provides that allowing the rental to become the subject of a trustee's sale to be a default by the landlord). If you do not pay the rent you WILL be evicted and the judge will not permit evidence about whether or not the property is being foreclosed (except as stated above). If you have a "bona fide lease" (which is defined by federal law and beyond the scope of the answer to your question), then federal law will allow you to remain in the rental for not less than 90 days after the foreclosure.... Read More