John M McKindles’s Answers

John M McKindles

Mesa Real Estate Attorney.

Contributor Level 11
  1. Am I required to pay for a garage door repair to a rental house for my tenant?

    Answered almost 3 years ago.

    1. John M McKindles
    1 lawyer answer

    Arizona statutes require you to provide safe and habitable premises, which may not include a garage door, depending upon the configuration of the unit. However, the lease likely contains some reference to the garage and the issue boils down to how the lease terms address this issue, if at all. My suggestion is to get a garage door repairman out to take a look at it and pay to get it fixed as soon as practicable, and deal with the responsibility for the cost later. Ask the repairman if he can...

  2. Divorce - I live in az she lives in fl - I received an inheritance does she get 1/2

    Answered almost 3 years ago.

    1. John M McKindles
    1 lawyer answer

    If you file in Arizona and get her served wherever before she files and serves you, Az should have jurisdiction to grant the divorce since you have established residency. However, that could be complicated if, for example, there are children and, if so, where they live, etc. In AZ, your inheritance would be considered your separate property, as long as it has not been commingled with community property or converted into community property, such as placing inherited funds into a joint account...

  3. Community property with rights of survivorship ?

    Answered almost 3 years ago.

    1. Christopher Swerling McDonagh
    2. John M McKindles
    2 lawyer answers

    Christopher's answer is correct. I wanted to amplify a bit on the nature and effect of holding real property with right of survivorship, and joint tenancy, for your planning purposes. By holding such property "with right of survivorship", when one of the joint owners dies, that deceased owner's interest terminates in favor of the remaining joint tenant(s). All that would be required would be to record a certified copy of the certificate of death with the county recorder where the property...

  4. I am a Canadian, who owns property in the USA. (winter home). The title is in joint tenancy with my spouse. If one of us passes,

    Answered almost 3 years ago.

    1. John M McKindles
    2. Jerrold Alan Lazar
    2 lawyer answers

    Adding to Mr. Lazar's fine answer, I would recommend that you promptly record a certified copy of your spouse's death certificate with the county recorder in Maricopa County, assuming that the property is located there. Otherwise, record the certified copy with the county recorder of the county where the property lies. You might as well do it now in order to start the time for constructive notice to any interested party of the current status. Plus, it will avoid any delay if/when you want to...

  5. Can I sue an apartment complex?

    Answered about 3 years ago.

    1. John M McKindles
    2. Morgan Jay Seegmiller
    3. Steven Singh Dhillon
    3 lawyer answers

    At this point, your best course of action would include gathering any documentation you can which evidences the flooding that took place which caused the damage the complex is now attributing to you. Did you have an exit inspection? Did you take pictures of the damage when it occurred? Do you have contact information on any other tenants who would be aware of the flooding? Also, be sure to respond to the demand letter by denying your liability in writing. If you can, send copies of any...

  6. Person A has a promissory note in their estate. The promissory note is secured by real estate.

    Answered about 3 years ago.

    1. John M McKindles
    1 lawyer answer

    Based upon the information given, I would first review the Will you referenced. If there is no mention of a specific devise of the promissory note to a devisee, then that asset would typically flow through the residuary estate. This is where the language usually says something about "the rest, residue and remainder of the estate shall be distributed to...". The personal representative (PR) would likely distribute the interest in the Note to the residuary devisees in the percentages reflected...

  7. My Deed of Trust lacks a Legal description in the body , and its not present as an attachment and its also not present

    Answered about 3 years ago.

    1. John M McKindles
    1 lawyer answer

    When you review your real property on the county recorder's website, does the DOT show up? If so, there is evidently sufficient identifying information in the DOT to align it with your property. More investigation should be done to find out if there may be any additional defects which may impair a foreclosure, but I would not rely upon just your records you were given at Close of Escrow. It is not unusual for the title company to not give you a copy of all pertinent documents at COE, so it...

  8. How can I get out of a house and bills that me and my girlfriend bought together, its not working out we are not compatable?

    Answered over 3 years ago.

    1. John M McKindles
    1 lawyer answer

    There is not quite enough specific information for a specific answer, but if all three of you own the real estate and are indebted on the loan, each of you would have a right to occupy the property and have an obligation to pay the related debt. Your best option would be to achieve a written agreement regarding occupancy and debt payment. This gets complicated these days because many properties are not worth what is owed on them. If that is the case you may be able to let the property go...

  9. Can one be held liable for HOA fees and city liens (Buckeye, AZ) after foreclosure or deed in lieu?

    Answered over 3 years ago.

    1. John M McKindles
    2. Mitchell Paul Goldstein
    2 lawyer answers

    Regarding your liability for the HOA fees, that liability normally continues to be a personal obligation as long as title of the property is in your name. Once the Trustee Sale takes place and the title changes by trustee's deed, you no longer continue to be personally responsible for those fees under the typical terms of the HOA governing documents. I am unsure what the city liens are to which you refer. The property taxes are county and not personal liabilities.Regarding a "deed-in-lieu",...

  10. We have one month left on our lease. In early Oct we told our landlord we would not be renewing at the end of November.

    Answered over 3 years ago.

    1. John M McKindles
    1 lawyer answer

    Technically, and in most residential leases, the security deposit is not rent, but is to be accessed for a variety of lease breaches, including failure to pay rent. In this case, where you have one month left and the deposit is in the same amount as the monthly rent, there is little likelihood that the landlord will pursue you for more money, particularly with you leaving the premises in such good condition. However, the proper way to handle it is to timely pay your rent and demand a return...