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Commonly Asked Questions

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...

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Commonly Asked Questions

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,...

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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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Hoarding

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...

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What to Do when a Tenant passes away

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...

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Prop 209 Collections in Arizona

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...