Archived
Can I end my 1 year lease and demand my deposit and first months rent back and any other rent I paid because of hazardous condit
David's answer
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Answered on January 29, 2015
You should get a lawyer involved. You should deliver a 5 day notice for health and safety violations. You should see your doctor as a result of...
Can an HOA board change the annual meeting date from what the bylaws stipulate?
David's answer
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Answered on January 29, 2015
A breach of contract requires a contract, its breach, and damages that result from the breach.
The Declaration serves as a contract between the...
Archived
Can I sue my ex who never paid rent?
David's answer
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Answered on January 29, 2015
You can sue anyone for anything. The question is whether the law supports the claim. Here, you may have an implied indemnity claim against your...
Archived
What can i do if a person won't take their deposit back on a mobile home?
David's answer
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Answered on January 27, 2015
All future correspondence should be in writing. It appears that you do not have a binding contract. That said, this situation needs to be handled...
Archived
Can a landlord in Arizona withhold a security deposit for longer than 14 days for repairs?
David's answer
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Answered on January 27, 2015
A.R.S. 33-1321(D) provides that the landlord has 14 business days to deliver an itemized list of damages, if any. if the landlord does not comply,...
Can I sue the house inspector for missing a serious foundation issue with my property?
David's answer
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Answered on January 26, 2015
First, the statute of limitations for breach of contract is six years. This means you must file your complaint with six years of the date of...
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Archived
I have a quick question. I am a board officer for an HOA. we recently voted to hold an event, and allocated funds for it...
David's answer
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Answered on January 26, 2015
You may have a claim for defamation. The real question here is how were you damaged? This will require a detailed conversation with your...
Archived
When there is an encumbrance at the time title is conveyed creating a defect on title who is considered the grantor and liable?
David's answer
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Answered on January 26, 2015
The buyer may have recourse against the seller and his agent.
An action for negligence or for negligent misrepresentation allows the buyer to...
Archived
I have disputed a billing error with my Home Owner Association since 2008, provided proof payment in question cleared my bank.
David's answer
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Answered on January 26, 2015
You have to answer the complaint, otherwise everything the association alleges will be taken as true by the court.
Your declaration creates a...
Archived
Question about HOA law … in particular, whether a statute trumps language in a declaration.
David's answer
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Answered on January 26, 2015
I really prefer not to comment on whether the Association may foreclose on your property without seeing all the documents.
That said, a...
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