March 16, 2020 Dear Clients, We are keeping a close watch on the decisions and notices from the courts regarding the handling of civil matters. At the present time this is what we know: Evictions may still be filed as long as the property is not owned by the state or county. Private property owners may still file evictions; we will let you know if and when this changes. All Affidavits of Service must be mailed to the court, process servers are not allowed in the court building. This could delay the process in any case as mailing obviously takes...
January 30, 2020January 30, 2020
Assistive Animals and Fair Housing
How to Handle Assistive Animals and Comply with Fair Housing A common issue these days is how to handle a tenant with “assistive animals” and remain in compliance with Fair Housing. What is an Assistive Animal under Fair Housing? Almost anything other than a “pet” is an assistive animal. Therapy pets, service pets, assistive pets and emotional support animals all qualify for protection under Fair Housing. What if an Owner has declared a property a pet free property? You cannot turn down a tenant or refuse to allow them an assistive animal even if the owner wants the property to...
September 25, 2019September 25, 2019
Answers to Commonly Asked Questions
If I just gave my tenant a 10-day notice for noncompliance with the lease agreement can I accept rent? The short answer is no, not if you want to hold them accountable for the violations listed on the 10-day notice. Acceptance of rent after any notice is provided to the tenant for a violation of the lease agreement essentially voids the notice. Blog Fine Print: Please note the information contained in blog posts is general information and may not be applicable to your specific case or set of facts. The posts are intended to be informational but do not...
September 5, 2019September 5, 2019
Update in Rules of Procedure for Eviction Actions
The Arizona Supreme Court has Amended the Rules of Procedure for Eviction Actions. Effective January 1, 2020, Landlords filing for eviction will need to attach to every complaint a complete copy of the lease and all addendums. In cases filed based upon nonpayment of rent the complaint will also have to have attached an accounting going back six months. This will greatly increase the number of pages associated with complaints and thereby increase costs for landlords and tenants. Please let us know if you have any questions regarding the new requirement.
July 19, 2019July 19, 2019
Answers to Commonly Asked Questions
7/19/19 How do I serve a notice on a tenant? The Arizona Landlord Tenant Act provides two methods for providing notice to a tenant. First, you may hand deliver a notice to a tenant. To hand deliver a notice to you a tenant you must actually hand it to a person. Posting a notice on the door does not count as hand delivery of a notice. The notice must be handed to someone of suitable age at the property. You have not validly served a notice on a tenant by handing to a child, but if an adult other than...
June 13, 2019June 14, 2019
Good News for Landlords
10/18/18 Arizona Revised Statutes Section 33-1368 and 33-1370 have been amended. Landlords no longer need to determine if personal property left on the premises should be held 14 days or 21 days, to care for pets left on the premises, or to store personal property left by a tenant when they return keys and therefore possession to the landlord. Recent amendments to the Arizona Residential Landlord Tenant Act allow Landlords to immediately dispose of personal property left by a tenant when the tenant vacates and returns keys. Furthermore, whether the landlord regains possession through a writ of restitution or through...