On the ballot in November was Proposition 209 titled the Healthcare Debt Interest Rate Limit and Debt Collection Exemptions Initiative. It passed with overwhelming support. However, as with many things, the title did not fully explain the propositions’ meaning and impact. A portion of Prop 209 does affect exclusively medical debt, but much of the impact of proposition is on all debt. Basic Provisions of Prop 209: 1. Garnishment of Earnings. Allowable garnishment amount decreased from 25% (or 15% in the case of hardship) of disposable earnings to 10% of disposable earnings or 60 times the highest applicable minimum wage....
August 31, 2023August 31, 2023
How to Serve a Notice on a Tenant in Arizona
All eviction actions begin with a notice. When a landlord and a tenant have a dispute the Arizona Landlord Tenant Act (or Mobile Home Act, or RV Act) provides requirements for the notice that must be given to the party violating the lease and/or relevant law. In this modern day and age, we are all used to texting and emailing our tenants. However, the Arizona law has not caught up to our modern ways. One of the most common issues we see when filing evictions is that the notice has not been properly served. What are the proper ways to...
November 25, 2022November 1, 2022
Breaking Down the Arizona Landlord Tenant Act
If you are a landlord or in property management long enough, even with the best screening, you will likely eventually have an issue which requires you to provide a tenant with a notice for noncompliance with the lease agreement. What information needs to be in the notice? The Arizona Landlord Tenant Act answers this question for us. ARS §33-1368 describes noncompliance with lease agreement and what information is needed in the notice regarding the tenant’s noncompliance. “…[I]f there is a material noncompliance by the tenant with the rental agreement…, the landlord may deliver a written notice to the tenant...
November 15, 2022November 1, 2022
Fair Housing Corner
How is Handicap defined under Fair Housing? “Handicap” means, with respect to a person, a physical or mental impairment which substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment. This term does not include current, illegal use of or addiction to a controlled substance. For purposes of this part, an individual shall not be considered to have a handicap solely because that individual is a transvestite. “Physical or mental impairment” includes: Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the...
November 10, 2022November 1, 2022
Breaking Down the Arizona Landlord Tenant Act
When does the Arizona Residential Landlord Tenant Act (ARS §33-1301 et al) apply? This may appear a simple question, but Arizona has several Landlord Tenant Acts depending upon the type of residence and length of lease. Most Mobile Home Parks where the tenant owns the mobile home, and the landlord owns the land are governed by the Arizona Mobile Home Parks Residential Landlord and Tenant Act. (ARS §33-1401 et al.) A single mobile home on a parcel of land (whether the mobile home is owned by the tenant or the landlord) or a mobile home owned by the landlord in...
November 4, 2022November 1, 2022
MOVE IN INSPECTION FORMS
You must provide the tenant with a move in inspection form. Failure to do so may result in your inability to charge the tenant for damages against his security deposit. The Arizona Landlord Tenant Act requires landlords to provide tenants with a move in inspection form. Most of you have this a part of your lease; however, if you do not, you need to add this to your procedures. Best Practice is to provide the move in inspection form with the lease or when you provide the tenant with the keys to the unit. You should note any damages you...
November 1, 2022November 1, 2022
Change in the Law for Long Term RV Tenants
As of September 22, 2022, a tenant with a long-term lease for an RV (a tenant who falls under the Recreational Vehicle Long-Term Rental Space Act (ARS §33-2101 et al), will be allowed to have a live in care giver if the tenant has a disability. A fee cannot be charged for the caregiver. (No extra occupant fees.) However, the caregiver will be required to comply and follow all park rules. Update your park rules to include verbiage that all caregivers must pass a criminal background check. If you have a tenant informing you a caregiver shall be moving in...
October 21, 2022October 21, 2022
Tips for Trials or Acting as a Witness in Forcible Entry and Detainer Cases
What to Expect/Basic flow of a trial: The Judge will start by reviewing some preliminary information. He will then ask the Plaintiff’s attorney (Josh or Blythe) to provide some basic information. As appropriate we will call you as a witness or ask you questions. If it is a trial, you will be sworn in and we will question you. After we complete our questions the other side (attorney or individual representing him/herself) will be able to ask you questions. After we complete our presentation of evidence by having all our witnesses testify, the other side has a chance to present...
October 6, 2022October 6, 2022
Breaking Down the Arizona Landlord Tenant Act ARS 33-1315
Prohibited Provisions in a Lease Agreement. ARS §33-1315 Provides Landlords with a list of things they cannot have in their rental agreements. If a landlord does include one of these provisions, it is 1. Not enforceable and 2. If the landlord deliberately uses a known prohibited provision in the lease the tenant may recover two months’ rent or actual damages from the landlord. You may not have a provision in your lease agreement where the tenant agrees to pay the landlord’s attorney’s fees unless the provision indicates the prevailing party is entitled to attorney’s fees (i.e., winning party, either landlord...
October 6, 2022October 6, 2022
Fair Housing: How is Handicap defined under Fair Housing
“Handicap” means, with respect to a person, a physical or mental impairment which substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment. This term does not include current, illegal use of or addiction to a controlled substance. For purposes of this part, an individual shall not be considered to have a handicap solely because that individual is a transvestite. “Physical or mental impairment” includes: 1. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal;...