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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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City of Tucson Passes Source of Income Ordinance
What Landlords Need to Know: 1. The City of Tucson passed The Source of Income Ordinance (11959) on September 27th. It goes into effect immediately! 2. The Ordinance lists source of income as a protected class under Fair Housing and Discrimination laws. 3. If a Prospective Tenant calls and asks if you accept Section 8...
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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...