Jul 27, 2016

Provide Tenant a Copy of Lease the Agreement

Arizona landlord and property managers must make sure to comply with Section 33-1322 of the Arizona Landlord and Tenant Act! Failure to comply with this section can have very negative consequences.

Section 33-1322 of the Arizona Residential Landlord and Tenant Act discuss the "Disclosure and Tender of Written Rental Agreement."

33-1322(A) states in part: "The landlord...shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of each of the following:
  1. The person authorized to manage the premises.
  2. A person authorized to receive court papers and to receive notices and demands.
33-1322(B) requires the landlord to inform the tenant in writing that the Arizona Residential Landlord and Tenant Act is available on the Arizona department of housing's website.  

33-1322(C) requires the landlord to keep this information current and refurnish the information when requested by the tenant. 

In the event there is a signed and written lease agreement Section "E" of 33-1322 requires landlords to provide a signed copy of the lease to the Arizona tenant. The signed copy of the lease agreement must be provided to the tenants in a reasonable time and must have all of the blanks filled in. 

A landlords failure to provide the tenant a signed copy of the lease agreement is "deemed a material noncompliance by the landlord." A material breach of the lease agreement by a landlord gives the tenants certain rights to sue for damages or even move out of the property without penalty.

So Arizona landlords, do the right thing! Make it a priority to do all of the little things right and it will save you money and time down the road. 

Jul 18, 2016

Statute of Frauds in Arizona

The Statute of Frauds is a legal doctrine that requires contracts involving real property to be written and possess certain necessary elements.

What is Required to Satisfy the Statute of Frauds?
In Arizona, A.R.S. § 44-101 requires that promises to convey an interest in real property must be in writing and signed by the parties involved. In order for a writing to satisfy the Statute, it must contain within its four corners all the terms necessary for enforcement. It must "contain the terms and conditions of all the promises constituting the contract and by whom and to whom the promises are made." In RE: Viscount Air Services, Inc. The law prevents changing these written contracts by hint, suggestion, or oral testimony. Additionally, a court may not supply any missing terms by parol evidence.

What is the Purpose of the Statute of Frauds?
The purpose of the Statute of Frauds is to prevent fraud in real estate transactions! The purchase and sale of real property is so costly that it cannot be left to oral contracts and memory.

Jul 7, 2016

What is a Writ of Restitution?

Under A.R.S. § 12-1178 a Writ of Restitution can be requested if a tenant remains in possession of a property more than 5 days after an eviction judgment was signed. Once a Writ of Restitution is filed with the court it is first signed by the judge. Once the judge has signed the writ then it is sent to a constable for enforcement (think Sheriff) to remove the tenants from your property. A Constable works for the court and has similar powers and duties to sheriffs.  A Writ can only be filed after an eviction hearing was held and a judgment entered in favor of the landlord. Once a landlord has received a judgment from the court, the tenant in your property has five days to vacate.  If the tenant does not leave voluntarily then the Writ of Restitution can be filed with the court.
Once the Writ of Restitution is filed with the court, it is first signed by the judge and then passed to the Constable for execution. The Constable will then visit the property and physically remove the tenant(s) from the property. Upon arriving at the property, a Constable will give the tenants about 10 minutes to pack a bag and leave the property.  In 11 minutes if the tenants haven’t left then the Constable will drag them out of the property in a headlock.
When Will the Constable Execute my Writ of Restitution?
So you’ve filed a Writ of Restitution and want to know when the Constable will actually appear and evict your tenants? The time frame can vary wildly.
When the Writ of Restitution is initially filed with the Justice Court the filing clerk must take the paperwork to the judge for his/her signature. On occasion, the paperwork will immediately be signed and handed off to the constable. Other times, the writ may sit on the judges desk for a few days before being signed. Once the paperwork has been signed it is then passed on to the Constable’s office.
Most justice courts in Arizona only have one Constable. So if the Constable gets a large influx of Writs at the same time yours may be delayed. So all-in-all it can take approximately 3 to 5 days for the Constable to actually show up to the property.  If you would like to know more about Writ of Restitution or have questions about an eviction, please contact Clint Dunaway at (480) 344.4035.