Jan 31, 2014

I Don't Have a Signed Lease Agreement, What Can I Do?

Occasionally, I'll be asked by a landlord what they should do in situations where they don't have a signed lease agreement and the tenant isn't paying. The Arizona Residential Landlord and Tenant Act address this exact issue.

Section 33-1314(B) of the Arizona Residential Landlord and Tenant Act states: "In the absence of a rental agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit."

This rule extends to all people and not just formal tenants. So, for instance, if you invite a friend into your house to rent a room for $300 a month. Even without a written lease agreement you can evict that friend for non-payment of rent.

The "fair rental value" of an Arizona rental property can be disputed by reasonable people it is best to make sure that you have a written lease agreement in place before ever letting a tenant move into the property.

Jan 27, 2014

Country Meadows Justice Court

*** This Was the Home of the Country Meadows Justice Court Until January 2017 ***
It is Now Located at the Southwest Regional Court Center
10420 W. Van Buren St. Avondale, Arizona 85323 

Jan 22, 2014

5-Day Notices for Non-Payment of Rent

In Arizona, the process of evicting a tenant for non-payment of rent begins with mailing a 5-day notice. Landlords should send the 5-day notice via certified mail so they can prove it was at least mailed. Even if the tenant never signs for the 5-day notice it is still legally considered having been received 5 days after it was mailed.

The 5-day notice demands that the tenant pay ALL past due rent, late fees, and other outstanding fees in full within 5 days. If, the tenant attempts to tender the full amount owed within the 5 day period then it must be accepted. A landlord can not reject the full outstanding balance owed and then turn-around and try to evict them for non-payment of rent.

It's important to note that if a landlord accepts even one dollar from a tenant then they cannot be evicted in that same calendar. month. If a tenant does tender a partial payment then read this blog post on how to formally reject a partial rent payment.

If rent is not tendered during the 5 day period then a Complaint is filed with the appropriate justice court. Within 6 days of filing the Complaint an eviction hearing will be held. This is something that we attend for all of our clients.

If you have questions about how to properly serve your tenant with a 5-day notice feel free to give us a call at 480-344-4035 or email me at cdunaway@davismiles.com. 

Jan 21, 2014

Northwest Regional Court Center

The Northwest Regional Court Center in Surprise, Arizona is actually comprised of several different court from both the Justice and Superior Court systems.

The Maricopa County Northwest Regional Court Center in Surprise, Arizona is located at 14264 West Tierra Buena Lane, Surprise, Arizona 85374. 

The Arrowhead justice court, Hassayampa justice court, Manistee justice court, and North Valley justice court, are all located in this Northwest Regional Court Center.

Additionally, the Superior Court has an office in the Northwest Regional Court Center.