Why can’t my case be dismissed after the hearing? At times we receive a request to dismiss after the eviction hearing. At this point we cannot dismiss the case because we already have a judgment. A dismissal occurs prior to the hearing. After a hearing we can file a motion to set aside the judgment,...
Author: Blythe Edmondson (Blythe Edmondson)
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Commonly Asked Questions
What happens if I accept a payment after sending a noncompliance notice (10-day noncompliance, health and safety, immediate notice etc.)? If the property falls under the Arizona Mobile Home Act (tenant owns the mobile home and landlord owns the land), we may continue with the eviction. Under the Arizona Landlord Tenant Act, however, acceptance of...
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Commonly Asked Questions
How do I properly serve a notice? Can I post it on the door? The proper service of notice is either hand delivery (as in physically handing it to the tenant, not posting it on the door) or sending it via certified mail. To file your eviction, we need a copy of the certified mailing...
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Breaking Down the Arizona Landlord Tenant Act: Required Language in Notices
The Arizona Landlord Tenant Act and Mobile Home Act describe and provide language required in noncompliance notices for tenants. This includes nonpayment of rent, immediate notices for criminal activity and failure to maintain or unauthorized guest type noncompliance notices. For Apartments, single family homes, duplexes or mobile homes where the landlord owns the mobile home...
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Service and Emotional Support Animals, the Basics.
Under Fair Housing Regulations, if a tenant requests a reasonable accommodation for a disability or covered condition, the landlord must consider and allow a reasonable accommodation. The most frequent request landlords receive is for an animal, either an emotional support animal or a service animal. If an animal qualifies as either an emotional support animal...
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Accepting Payments after Court and Proceeding with a Writ of Restitution
Once a judgment has been entered, the landlord may accept payments on the judgment and still proceed with their request for the writ of restitution. HOWEVER, it is not uncommon for a tenant to waive a receipt at a constable when he or she comes to execute the writ of restitution and claim the writ...
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Service and Emotional Support Animals at the Pool?
With the weather heating up, what about service or emotional support animals in or near the pool? In the pool, the answer is no. That is not a reasonable accommodation as it violates health and safety protocol and procedures. Near the pool, however, it depends. An emotional support animal is less likely to...
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City of Tucson may attempt to require all Landlords to accept Section 8 Tenants and prohibit Landlords from conducting Criminal Background Checks on Prospective Tenants
The City of Tucson, according to a Draft Housing Affordability for Tucson (HAST) proposal, appears to be considering requiring all Landlords to accept Section 8 tenants. From the limited research I have been able to do it appears that property owners and managers were not included in some of the initial meetings regarding this plan. ...
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Alabama Association of Realtors challenging most recent extension of the CDC Eviction Moratorium
The Plaintiff in Alabama Association of Realtors v. United States Department of Health and Human Services filed an emergency motion yesterday to enforce the Supreme Court’s ruling and to vacate the stay pending appeal. We have a copy of the Motion available through the below link. As we understand it, we expect an answer from...
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CDC Extended Eviction Moratorium through October 3, 2021
August 3, 2021 Dear Clients: We just received the extension of the eviction moratorium from the CDC based upon the statement made by President Biden earlier this afternoon. We have attached a copy of the CDC statement here. According to the information reported to date regarding why President Biden has taken this...