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Clint Spencer Dunaway
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Clint Dunaway’s Answers

17 total


  • I was never servered with a notice that my landlord said he did

    he has the wrong last name on it .. and the wrong address on the 7 day notice that he says he hand delieved .. in fact it was my bf bday ... and we where not home .. we was at a bday party for him .....

    Clint’s Answer

    You will definitely want to attend the eviction hearing and make your arguments to the judge. However, it has been my experience that if you show up in court and admit that you haven't paid rent the judge will side with the landlord even if there were certain procedural errors made by the landlord.

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  • Can your landlord use his key to open your door, after telling him twice I wasn't dressed ?

    He came barging into my apt saying to sign this piece of paper, which was breach of lease. and the police I called and he was given a ticket for criminal trespass . officer said that the paper he had me sign was not legal through the court. to sta...

    Clint’s Answer

    Uhhh no, your landlord cannot enter your residence after telling him twice you weren't dressed. Sounds like you did the right thing in calling the police. A landlord in Arizona is required to give you a 48 hour notice before entering your residence. You might want to consider moving.

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  • How do I evict my tenants?

    I have an apartment in NYC, where i rent out rooms. The tenants that are renting the room have refused pay and leave. The lease for the apartment is not in my name but in my brother's name and my brother currently lives in Florida. I would like t...

    Clint’s Answer

    It sounds like your brother is going to have to hire an attorney in NYC. You can't bring the suit or appear on behalf of your brother. Additionally, either your brother is going to hire a NYC attorney or he's going to have to appear in court.

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  • Got a judgment from court but can't find the tenant. Is there anyway you can help do the collection?

    My tenant didn't pay me the last month and did damage in my house. I went to court and got the judgment but the tenant moved out without a trace. I won't to do the collection but don't know how. I know he has a property up in Showlow AZ and can...

    Clint’s Answer

    I speak with a client in your same situation almost everyday of the week. If you do want to try and collect on the judgment you should hire a professional. However, I would ask you to weigh the balance of every being able to recover anything from this tenant with the time, cost, and energy involved in pursuing them. Often my clients decide it's not worth the effort to pursue the evicted tenant.

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  • Is a credit from the month before consider as a partial payment for the next month

    I overpaid on my rent. The landlord is evicting me even though I have a credit when I overpaid my rent. I had a problem with my bank account and I have not paid the entire month. In my mind I have made a partial payment for this month when I paid ...

    Clint’s Answer

    I agree with my colleagues. If you do not pay rent on the first of the next month you may be evicted. So if you receive a "5-day notice" from landlord you must pay the balance in full by the end of the five days or he/she will likely begin the eviction process.

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  • Is it right for apartments in Arizona to evict a tenant who carries a weed card?

    my apartment is putting me out for smoking weed in my apartment but I do carry a weed card. what do I do?

    Clint’s Answer

    It is likely that your landlord can evict you from the apartment even if you have a "weed card". A.R.S. 36-2813 says that a landlord should not penalize a person solely for his/her status as a "weed" cardholder. However, it does not prohibit the landlord from evicting you if you're smoking weed on the premises. Additionally, A.R.S. 36-2814 specifically states that a landlord is not required to allow a tenant or guest to use medical marijuana on their property.

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  • Can a landlord search our house without a warrant without being stated in our lease agreement

    I asked a similar question earlier today. Our lease says nothing about any searches or anything against us owning a pet. Had two dogs when we moved in that died suddenly. We recently were given two more little puppies who we take care of by oursel...

    Clint’s Answer

    You must look to your lease to see if you are permitted to have dogs on the property. A landlord does have the right to search your property so long as you are given 48 hours notice.

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  • I recently filed for Chapter 7 and I'm upside down on my car. I was advised to get another car. Is it okay to get another car?

    I plan to give up the car I have added to my Chapter 7 as it has become unreliable and I owe $5000.00 more than it is worth.

    Clint’s Answer

    From a legal standpoint you are free to purchase another vehicle. However, you will probably have a very high interest rate which will make your monthly payments higher than they otherwise would be. Just make sure it's something you can afford because if the car is repo'd you will be responsible for any deficiencies.

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  • What is exempt from Bankruptcy

    I am way in over my head and am considering filing Chapter 7 bankruptcy. I have a 401K plan that I can not draw on until I am 59 years old and I have a pension plan through my employer. Since I am not of age to draw on the 401K and can not dra...

    Clint’s Answer

    Generally speaking 401K's are 100% protected in bankruptcy. This means that even if you had $1,000,000 in your 401K it would all be protected. However, there are exceptions to this rule and so it is important to speak with an attorney to make sure that your retirement is in fact exempt.

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  • Can 2 cars, each valued less than $5000.00 be claimed as exempt, one by each spouse filing jointly in arizona

    One spouse claims the$ 5,000 exempt deduction on one car the other spouse claims $5,000 on the other car.

    Clint’s Answer

    Yes, a married couple can protect two vehicles each with up to $5,000 in equity. Or if married, you can protect one car up to $10,000. Additionally, you can protect up to $10,000 in two vehicles if they both have handicap plates.

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