Monthly Archives: June 2015

ILLEGAL EVICTION AND ABANDONMENT

By |2015-06-28T07:56:37+00:00June 28th, 2015|Understanding Landlord Tenant Laws|

There are only two circumstances under which a landlord may access your apartment and remove your belongings: 1) if you abandoned you apartment, or 2) by using a constable operating under a “writ of restitution” issued by a court.  If a landlord locks you out of your apartment for any other reason it is considered

RETALIATION REVISITED

By |2015-06-26T09:25:00+00:00June 26th, 2015|Understanding Landlord Tenant Laws|

  Almost exactly a year ago I posted a blog on retaliation.  However, a tenant in a building I was organizing re-posted it and I had a chance to re-read it and I realized that I made a serious mistake.  I indicated that retaliation does not  include a landlord terminating a tenancy.  This was incorrect.  Included

BEDBUGS AND BLACK MOLD

By |2015-06-25T21:07:37+00:00June 25th, 2015|Understanding Landlord Tenant Laws|

Bedbugs and black mold.  What do these to items have to do with each other?  Well, first of all, they both are a scourge.  I have a friend who is a cancer patient (actually, was a cancer patient, thank God) who told me that the infestation of bedbugs in her apartment was an affliction worse than her cancer.

THE UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT AND LEGALLY TERMINATING YOUR LEASE

By |2015-06-25T19:19:22+00:00June 25th, 2015|Uncategorized|

The Arizona Residential Landlord and Tenant Act derives a series of what are called “uniform laws” that are proposed by a national group of judges, lawyers and law professors called the Uniform Law Commissioners.  These “uniform laws” are not actually laws that are in effect, but models drafted by experts which the states can use

NOTICE

By |2015-06-16T07:31:56+00:00June 16th, 2015|Understanding Landlord Tenant Laws|

One of the types of problems that come across our desk is of tenants who find they have a court date scheduled against them, or in extreme cases, are evicted, without having received any notice.  This whole area of landlord/tenant relations is very problematic for tenants because there is very little oversight of landlords who

ARE HALFWAY HOUSES SUBJECT TO THE LANDLORD/TENANT ACT?

By |2015-06-16T06:30:46+00:00June 16th, 2015|Tenant Stories|

The Arizona Residential Landlord and Tenant Act excludes a number of different types of rental property from the law.  A.R.S. § 33-1308(1) provides that among the exclusions are “residence at an institution, public or private, if incidental to detention, the provision of medical, educational, counseling or religious services or the provision of a social service

LANDLORD’S DUTY TO MITIGATE

By |2015-06-16T05:24:40+00:00June 16th, 2015|Understanding Landlord Tenant Laws|

The Arizona Residential Landlord and Tenant Act, under A.R.S. § 33-1305(A), provides that in a dispute in which a party claims he was damaged, the aggrieved party has a “duty to mitigate damages.”  What does this mean? Mitigating damages means that the party who is wronged and who has incurred an expense has  an obligation

SCAM ARTISTS POSING AS LANDLORDS

By |2015-06-15T19:44:15+00:00June 15th, 2015|News Comments, Uncategorized|

There have been a rash of cases in which people posing as landlords attempt to steal rent or security money out of unwary tenants. Over the years many scam artists have perpetrated this scheme: they go to apartments in low income communities at the time rent is due, introduce themselves as the new landlord, and

EVICTION COURT PROCEDURES

By |2015-06-10T22:44:00+00:00June 10th, 2015|Understanding Landlord Tenant Laws|

Justice Courts are the jurisdiction in which landlord/tenant issues are resolved, and they are not nice places for tenants to be. Certainly any tenant who has been behind in his rent and as gone to Justice Court has seen how quickly the court moves to evict him: it’s like an assembly line. But Justice Courts