You attended the first hearing in your eviction matter on Zoom; it zipped by and suddenly we have told you there is a second hearing.  What happened?  What happens next?  Eviction actions are set as summary proceedings.  This means they are given about 5 minutes for the first hearing.  If the judge for any reason cannot complete the hearing in that time, the matter will be reset for a second hearing.  You didn’t fail to do anything; we as your attorney didn’t fail to do anything; the judge simply needs more time.  The second hearing may be on Zoom again...

Why do you ask about Federally backed mortgages? Under the CARES Act we must send a different notice for nonpayment of rent if the property has a federally backed mortgage. (We have sent out memos previously on how to determine if you have a federally backed mortgage; please let us know if you need a copy.)  If we file for court with the wrong notice the case may be dismissed and you are in violation of Federal Law under the CARES Act.

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, but there is an additional fee for this motion.  We can also file a satisfaction of judgment after a court hearing if a tenant pays what they owe.  There is no charge to have our office file a satisfaction of judgment.

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 any payment voids any outstanding notice.  A new notice must be sent, and any pending eviction action must be dismissed.  If a tenant offers payment while a noncompliance notice is outstanding please refuse payment.

The International OCD Foundation estimates one in fifty people have a serious hoarding problem.  Hoarding Disorder is now a recognized mental illness by the American Psychiatric Association.  What does this mean for individuals requesting Reasonable Accommodation due to Hoarding Disorder and the need to protect the property and neighbors? First and foremost, safety must be considered.  Any hoarding actions which compromise the structure of the building or the safety of the resident/tenant and/or neighbors is critical and must be addressed.  Health and Safety notices should be issued to any tenant with a hoarding issue that rises to the level of...

It happens.  Tenants pass away.  As a landlord it can be devastating to lose a tenant, particularly a long-term beloved tenant. But what do you do when a tenant dies?  First, take a deep breath.  Second, hopefully you have an emergency contact in your lease agreement.  If so, you have an individual to contact and if it is properly worded in your lease, someone to clear out the unit.  (We are of course happy to review your lease regarding an emergency contact.)  If the emergency contact has passed away or you can’t reach the emergency contact, are there any family...

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....

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...