Arizona

Fri
07
Oct
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Rental Housing Journal Arizona October 2016

Rental Housing Journal Arizona October 2016

Rental Housing Journal Arizona October 2016

Rental Housing Journal is the business journal for the Arizona rental housing and multi-family property management industry.

Fri
07
Oct
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ADA Compliance Tips In Fewer Than A Thousand Words

ADA Compliance Tips In Fewer Than A Thousand Words

By Paul A. Henderson, Esq. | Law Offices of Scott M. Clark, P.C. 

With the plethora of lawsuits being filed over alleged non-compliance with the Americans with Disabilities Act ("ADA") by a drive-by plaintiff, and our own Christopher Walker having his pithy correspondence to the attorney filing those lawsuits being included as an exhibit to the Attorney General's Office's efforts to intervene in those lawsuits, the ADA is a hot-button topic right now.

 Compliance with the ADA is no trivial matter, and thousands of pages can be devoted to describing the minute detail involved in construction, compliance, and litigation over the ADA.  Despite the ADA being a weighty topic, there are some brief points to address that should avoid some of the most common pitfalls facing owners and operators of residential rental properties.

Parking Spaces

Fri
07
Oct
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Rent Checks

Rent Checks

Rent Checks

To Have and to Hold, For Better Or Worse Is Challenge Facing Landlords

Landlord and tenant lease relationships are sometimes like marriages: most are good, but some turn out bad.

Oftentimes a landlord has a situation where a tenant delivers a rent check, but it is not enough to cover all current charges.  Does the landlord cash, return or hold it pending court action?

If the landlord takes the check with the improper amount, issues a rent receipt and cashes the check, that amount is all the landlord may receive for that rental period.  A.R.S. Sec 33-1371 precludes a landlord from pursuing the tenant for the remaining balance unless there is a non-waiver partial payment agreement.

The other options are holding the check or returning it.

Thu
08
Sep
The Editors's picture

Rental Housing Journal Arizona September 2016

Rental Housing Journal Arizona September 2016

Rental Housing Journal is the business journal for the Arizona rental housing and multi-family property management industry.

 
Tue
16
Aug
The Editors's picture

Rental Housing Journal Arizona August 2016

Rental Housing Journal Arizona August 2016

Rental Housing Journal is the business journal for the Arizona rental housing and multi-family property management industry.

 
Fri
15
Jul
The Editors's picture

Co-Signers and Guaranties of Contracts

Co-Signers and Guaranties of Contracts

Landlords and management companies should be extremely careful in understanding Arizona law as it relates to co-signers and guaranties of contacts.  This article will cover these areas as they relate to lease agreements for rental property.

Many landlords rent to residents with less than perfect credit or rental histories.  However, before entering into a lease agreement, the landlord often requires another person to co-sign the contract and guaranty the obligations under it.  When considering entering into a lease agreement with a co-signer, make sure that you take the following steps:

Make sure you run a credit check on the co-signer.  If the person is married, be sure you run the credit check on both the husband and wife.

Beware of out-of-state co-signers.  If the lease is breached, you would be required to sue the co-signed and pursue them in another state.

Fri
08
Jul
The Editors's picture

Rental Housing Journal Arizona July 2016

Rental Housing Journal Arizona July 2016

Rental Housing Journal is the business journal for the Arizona rental housing and multi-family property management industry.

 
Fri
10
Jun
admin's picture

To Satisfy Or Not Satisfy – Is It Even A Question?

To Satisfy Or Not Satisfy – Is It Even A Question?

Christopher R. Walker, Esq | Law Offices of Scott M. Clark, P.C.

Every month thousands of eviction cases are filed in Arizona Justice Courts. Most frequently, landlords are seeking to evict tenants whom have failed to remit their rent on time. Every eviction judgment obtained will surely contain an award of money to the landlord, whether it be for rent related charges or the landlord’s costs and fees incurred as part of the eviction action. Every landlord holding a monetary judgment in their favor surely wants to get paid the amounts awarded to it by the court and most pursue payment whether it be through collection activities or the initiation of a garnishment action. However, what, if anything, is the landlord holding a monetary judgment in their favor required to do when a tenant pays everything owed under the judgment?

Fri
10
Jun
admin's picture

Rental Housing Journal Arizona June 2016

Rental Housing Journal Arizona June 2016

Rental Housing Journal is the business journal for the Arizona rental housing and multi-family property management industry.

Fri
13
May
admin's picture

Preventive Renting – A Checklist

Preventive Renting – A Checklist

Preventive Renting – A Checklist

The following is not an all-inclusive checklist when renting your home or apartment, but is intended to provide some of the more important factors to consider.  We all get or should get regular doctor examinations, financial planning for our future, etc.  Just the same, there are certain things to consider when renting to a tenant.

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