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...
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Service and Emotional Support Animals at the Pool?
With the weather heating up, what about service or emotional support animals in or near the pool? In the pool, the answer is no. That is not a reasonable accommodation as it violates health and safety protocol and procedures. Near the pool, however, it depends. An emotional support animal is less likely to...
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Alabama Association of Realtors challenging most recent extension of the CDC Eviction Moratorium
The Plaintiff in Alabama Association of Realtors v. United States Department of Health and Human Services filed an emergency motion yesterday to enforce the Supreme Court’s ruling and to vacate the stay pending appeal. We have a copy of the Motion available through the below link. As we understand it, we expect an answer from...
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CDC Extended Eviction Moratorium through October 3, 2021
August 3, 2021 Dear Clients: We just received the extension of the eviction moratorium from the CDC based upon the statement made by President Biden earlier this afternoon. We have attached a copy of the CDC statement here. According to the information reported to date regarding why President Biden has taken this...
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CDC Eviction Moratorium–Will they extend it….again?
As many of you may have heard, President Biden has asked Congress to extend the CDC Eviction Moratorium set to expire July 31, 2021 through September of this year. The Supreme Court, in a ruling this past month, indicated the CDC Moratorium was not Constitutional and took the position of simply allowing it to expire...