To pursue an eviction, a landlord must follow a specific process as laid out in the AZ Residential Landlord Tenant Act. In order for an eviction process to be properly effectuated, for non-payment, the LL must produce the lease detailing the payment terms, the LL must produce the 5 day notice and proof of its service, the LL must properly serve the Tenant with a summons and complaint and the LL must produce business records proving the Tenants delinquent rent. For the LL to prevail, he/she...
Yes, you can file a motion to vacate the judgment against you and re-open the case, however you must act promptly as the statute in AZ tolls six months from the date of the judgment. You need not appeal the decision, but submit your motion to the court that ruled on the matter previously.
Particularly because you were confused by the Order you received I strongly advise you to consult an attorney to help you navigate the judicial process to insure the best outcome in your favor.
Fortunately for you AZ is an anti-deficiency state.
If you sell your home in a short-sale or if it is foreclosed on, a lender may generally pursue a deficiency judgment against you for the difference loan balance and the greater of either the winning bid at the foreclosure sale or the fair market value property on the date of the sale. However, in Arizona, a lender may not seek a deficiency judgment under A.R.S. §33-729(A) which pertains to purchase money mortgages or A.R.S. §33-814(G)...
The terms of your lease rule. If you have a 6 month lease both you and your landlord are obligated to fulfill it. You are not required to leave prior to the expiration of the lease, however your landlord is not obligated to allow you to continue occupancy beyond the six month term. If March 16 is before the six month date, you do not have to leave, however, if it is the date of the lease expiration or later, you do not have legal recourse.
§ 33-1371. Acceptance of partial payments
A. A landlord is not required to accept a partial
payment of rent or other charges. A landlord accepting
a partial payment of rent or other charges retains the
right to proceed against a tenant only if the tenant
agrees in a contemporaneous writing to the terms and
conditions of the partial payment with regard to
continuation of the tenancy. The written agreement
shall contain a date on which the balance of the rent is
due. The landlord may...
In your situation, the contract will dictate the terms of fulfillment. Unless its terms are in violation of the UCC or applicable statute, its language will be binding. What you will want to do is carefully read the contract to determine what actions constitution acceptance. Because most contracts are worded in a manner which favors the vendor, and they are written in language that can be quite, I would advise you to seek counsel. However what you may attempt before paying counsel is...
There is nothing illegal or illegitimate in this landlords request. Landlords may seek assurances that you will be able to financially handle the rental obligation you are about to contract. If your bank statements are not a good reflection of your income as you may not deposit your entire income in the bank or for any other reason, you could ask if he/she would accept copies of your pay-stubs, or a letter from your employer or other income sources such as child support, SSI or pension....
The party that runs into the rear of another vehicle is generally at fault regardless of what the driver in the front does. You have an uphill battle seeking damages from the opposing party in this situation. Did you have auto coverage for the auto, auto medical payments for injury from the accident, or health insurance. There are a number of other questions that should be explored to determine what is your best course of action.
If a lease is terminated early by the tenant the landlord and abandons the premises, the landlord shall send the tenant a notice of abandonment by certified mail, return receipt requested, addressed to
the tenant's last known address and to any of the tenant's alternate addresses known to the landlord.
The landlord shall also post a notice of abandonment on the door to the dwelling unit or any other
conspicuous place on the property for five days.
Five days after notice of abandonment has...