Author Archives:

TENANTS ADVISING YOU THEY ARE BREAKING THEIR LEASE

Clients often contact us angry when they have received a call, email or text from their tenants indicating that the tenants intend to move out of the rental property at the end of the month, even though the lease doesn’t expire for 5 more months.  Tenants may claim that they lost their job, got married,…

Legal Q&A: Tenants in Bankruptcy

Question: I am accepting applications for a rental property that is vacant.  I received an application from a qualified applicant, but they are currently in bankruptcy.  They said that they can make the monthly payments.  Should I rent to them? Answer:  I can’t tell you whether or not you should rent to a specific person,…

When Do You Have to Accept Rent?

Often when we are handling a non-payment of rent eviction, our clients will call claiming that the tenant is offering to pay the rent, and the landlord doesn’t know what to do.  In many of these cases, the landlord may not want to accept the rent because the tenant has caused other problems, or the…

Legal Q&A: Can I serve notice via email?

Q: I frequently communicate with my tenant via email.  If he is late with rent, can I serve a 5 day notice for non-payment of rent via email? A: While the courts have not given a definitive answer on this in the context of a landlord-tenant relationship, there are very good arguments why service by…

ASSISTIVE ANIMALS CAN BE ALMOST ANYTHING, BUT NOT PETS

As an owner of property, a landlord generally has the legal right to allow or prohibit tenants from having pets in a rental property.  Many landlords believe that having pets causes unnecessary damage to the property while others think that having pets allows the landlord to increase the rent and expand the scope of potential…

REGISTERING A RENTAL PROPERTY

With limitless things a landlord must know about renting properties, I am often asked what is the first thing that a landlord must do to rent a property.  Of course, a landlord should use a lease with certain minimum provisions, and maintain the property, but a landlord must first register the property as a rental…

Legally Speaking– Maintaining Your Rental

Question: I read your December, 2011 article about a landlord’s noncompliance and tenant’s rights.  I want to make sure I am complying with the lease, but I have a tenant who is harassing me about every little problem in the unit.  Do I have to fix every little thing they complaint about? Answer: Among other…

REALLY UNHAPPY CAMPERS – APPEALS OF EVICTIONS

In recent months, our firm has seen an influx of tenants filing appeals of eviction cases.  It appears that tenants are grasping at straws in attempts to stay in properties, whether in a post-trustee sale eviction or a simple non-payment of rent eviction.  As the processing of appeals have been taking longer than before, tenants…

Legally Speaking– Do I have to accept late payment?

Question: My tenant has been repeatedly late in paying the rent, and I just want him out.  I already served him with a non-payment of rent notice and I am going to court tomorrow.  If he attempts to pay before court, can I refuse the money and just get him out? Answer: If you have…

Legally Speaking– FHA Protection

Question: I recently read an article saying that the largest fair housing settlement in Arizona was just reached between a landlord and a tenant.  I would never intentionally discriminate against someone, but I am still concerned.  What is the best way to protect myself? Answer: When it comes to fair housing, there is no quick…

Author Archives:

TENANTS ADVISING YOU THEY ARE BREAKING THEIR LEASE

Clients often contact us angry when they have received a call, email or text from their tenants indicating that the tenants intend to move out of the rental property at the end of the month, even though the lease doesn’t expire for 5 more months.  Tenants may claim that they lost their job, got married,…

Legal Q&A: Tenants in Bankruptcy

Question: I am accepting applications for a rental property that is vacant.  I received an application from a qualified applicant, but they are currently in bankruptcy.  They said that they can make the monthly payments.  Should I rent to them? Answer:  I can’t tell you whether or not you should rent to a specific person,…

When Do You Have to Accept Rent?

Often when we are handling a non-payment of rent eviction, our clients will call claiming that the tenant is offering to pay the rent, and the landlord doesn’t know what to do.  In many of these cases, the landlord may not want to accept the rent because the tenant has caused other problems, or the…

Legal Q&A: Can I serve notice via email?

Q: I frequently communicate with my tenant via email.  If he is late with rent, can I serve a 5 day notice for non-payment of rent via email? A: While the courts have not given a definitive answer on this in the context of a landlord-tenant relationship, there are very good arguments why service by…

ASSISTIVE ANIMALS CAN BE ALMOST ANYTHING, BUT NOT PETS

As an owner of property, a landlord generally has the legal right to allow or prohibit tenants from having pets in a rental property.  Many landlords believe that having pets causes unnecessary damage to the property while others think that having pets allows the landlord to increase the rent and expand the scope of potential…

REGISTERING A RENTAL PROPERTY

With limitless things a landlord must know about renting properties, I am often asked what is the first thing that a landlord must do to rent a property.  Of course, a landlord should use a lease with certain minimum provisions, and maintain the property, but a landlord must first register the property as a rental…

Legally Speaking– Maintaining Your Rental

Question: I read your December, 2011 article about a landlord’s noncompliance and tenant’s rights.  I want to make sure I am complying with the lease, but I have a tenant who is harassing me about every little problem in the unit.  Do I have to fix every little thing they complaint about? Answer: Among other…

REALLY UNHAPPY CAMPERS – APPEALS OF EVICTIONS

In recent months, our firm has seen an influx of tenants filing appeals of eviction cases.  It appears that tenants are grasping at straws in attempts to stay in properties, whether in a post-trustee sale eviction or a simple non-payment of rent eviction.  As the processing of appeals have been taking longer than before, tenants…

Legally Speaking– Do I have to accept late payment?

Question: My tenant has been repeatedly late in paying the rent, and I just want him out.  I already served him with a non-payment of rent notice and I am going to court tomorrow.  If he attempts to pay before court, can I refuse the money and just get him out? Answer: If you have…

Legally Speaking– FHA Protection

Question: I recently read an article saying that the largest fair housing settlement in Arizona was just reached between a landlord and a tenant.  I would never intentionally discriminate against someone, but I am still concerned.  What is the best way to protect myself? Answer: When it comes to fair housing, there is no quick…