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John M McKindles

John McKindles’s Answers

46 total


  • How can I get an old roommate to pay money she owes me?

    My former roommate, who was released with a roommate release form left some of her belongings in my apartment so I told her when she came to give me the keys and get her belongings that she will get them back as soon as I receive the rent and elec...

    John’s Answer

    Let me first mention that you should carefully read the roommate release form you refer to, which must be a form created by the property management company, and may describe the conditions under which the release was granted. It is possible that some of the terminology in there might be helpful.
    Second, you cannot legally retain her personal belongings as some sort of collateral for payment of a debt to you.
    Third, your best recourse for collection, unless you can reach agreement with her for a compromised payment, is small claims court. The process is inexpensive, convenient and locally handled in the Justice Court. The clerk would have the necessary forms for you to complete. Further, no attorneys are able to appear for clients in small claims court.
    Good luck.

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  • My neighbor has a 25' saguaro 7' from my home. Its leaning toward my roof,held up with stakes and rope. Help! what can i do?

    If this does not hold, it will take out my entire home. Neighbors noticed the lean and erected wooden stakes into cement and tie down ropes around the plant, but I have noticed an increase in the lean and fear that a good windstorm will take it out.

    John’s Answer

    • Selected as best answer

    Interesting issue. Assuming that your neighbors did not recently plant the monster, I suspect that it has been growing slowly for many years where it is currently planted. I also assume that your neighbors took the described action in order to prevent it from further leaning or potentially damaging your house. Though the tying down of it may well reduce the risk of collapse, I understand your concerns. Recourse to your property CC&Rs or Tucson city code may clarify if there is any legal recourse available. There is also a state prohibition against destroying cacti, so perhaps you can convince your neighbor to preclude a claim against his insurance policy (and the concomitant increase in premium) by having it replanted in the desert.
    Good luck.

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  • I have a quit claim deed to file in Maricopa county, AZ. Are there any forms I need to file the quit claim deed.

    I am on a house as joint owner with my mother. She is quit deeding the house to me. I need to file the quit claim deed. Do I need any other paper work to file it? Someone told me I needed a Affidavit of property Value. Is this true?

    John’s Answer

    The advice given by Mr. Gerity is very sound advice. I only wanted to add that the Quit Claim Deed (and any deed) needs to have sufficient space on the top of it to accommodate the County Recorder's processing information. Also, if the property transfer intended by the deed qualifies as exempt from the Affidavit and fee pursuant to ARS section 11-1134, you can avoid recording it by noting on the Quit Claim Deed that it is exempt and put the section of the statute that applies. There will be a recording fee associated with the recording.

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  • We dont have a lease anymore we never signed a new one can we be kicked out in 3 days?

    the landlord told us we had until the end of nov. to move out she had our neighbor bring us a typed up letter saying we have 3 days to get out. what are our rights?

    John’s Answer

    The response by Mr. Ellingson is excellent advice. I just would like to add that we are assuming that the rent was paid monthly, and not for a shorter period of time, such as weekly. We are also assuming that the reason for the termination notice was not based on health violation reasons or failure to pay the rent.
    It is also curious that the landlord had the neighbor deliver some letter to you which controverts what the landlord told you. I would suggest that you contact the landlord to discuss positions and try to reach a resolution before confusion leads down a path of action which would be more difficult to resolve.

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  • The home I rent was purchased at a foreclosure auction. As a tenant, am I entitled to 90 days stay in the house before evicted?

    Rental property foreclosed and auctioned off. Would I need to negotiate with the new owner and pay rent or do the tenant laws protect me from being evicted until after 90 days?

    John’s Answer

    The advice previously given is excellent advice. I would only add that in order for you to remain in the house after the Trustee Sale, for whichever period of time applies (whether the purchaser intends to personally occupy it as opposed to an investor or the lender by credit bid), you need to continue to pay the reasonable rent called for to the new owner, not to the foreclosed landlord.
    Certainly, particularly if the lender took back the property, you should be positioned well to negotiate an accommodating rental rate after the lease term. The lender should prefer to be getting some money to help with HOA fees, taxes, insurance, etc. while deciding what to do with the property. The dilemma you have is that you may not be able to secure a stable time frame for living there. However, if you default in paying the rent called for in the lease to the new owner, you may well be evicted sooner.
    Good luck.

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  • Can an apartment charge me for more than what there lease states?

    I resigned my lease and after that I paid the 610 i believed was my rent. They said i was 40 short so i paid the forty more and went on paying 650 a month. i just recently relooked at the lease and it states 610 a month. They said its not liste...

    John’s Answer

    First, I need to add the typical disclaimers: that I have not reviewed the written lease agreement and cannot make specific comment to it, but only within the parameters of your question, that we have not discussed this issue and that a full discussion of the facts may well change my comments.
    Ordinarily, the terms called for in the written lease agreement will be the ones enforceable. If there is any other documentation calling for the additional charge as part of the renewal agreement, that might well be considered a part of the lease "contract documents", particularly if it dates at the approximate same time as the lease renewal date.
    A second factor is how long you continued to pay the additional $40.00 before you discovered the mistake. The landlord may take the position that your payment of the amount evidences your tacit understanding that the extra fee was acceptable. In other words, why didn't you check the lease before continuing to pay the additional amount? Ultimately, that is a question you will have to answer.
    Finally, consider the potential gain you MIGHT realize against your detriment if you lose. At $40.00 a month, you may reach the point of diminishing returns quickly.

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