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Posts Categorized: Laying Down the Law

LAYING DOWN THE LAW – CAN COMMERCIAL LANDLORDS BE LIABLE FOR THEIR TENANT’S ACTIONS?

Find It, Fix It, Flip It, Laying Down the Law

Christopher J. Charles Attorney, Provident Law   In today’s litigious culture, you would think it’s enough for property owners to worry just about risks arising from their own conduct – for example, slip and fall cases, environmental hazards, trespass issues, etc. Do owners really need to worry also about lawsuits because of their tenant’s conduct?… Read more

LAYING DOWN THE LAW – DID THE OVERALL INCREASE IN HOME INVENTORY REALLY MEAN MORE NEW LISTINGS?

Investing, Laying Down the Law

Christopher J. Charles Attorney, Provident Law   Between September 2018 and February 2019, we saw a moderate gain in home inventory prior to home shopping season, following a solid 44 months of consecutive inventory decreases. Some speculated that this perhaps meant that the number of people choosing to list their homes had at last begun… Read more

LAYING DOWN THE LAW – WHEN NEIGHBORS CROSS THE LINE: INJUNCTIONS AGAINST HARRASSMENT SHORT-TERM RENTALS

Laying Down the Law, Property Management

Christopher J. Charles, Esq. Provident Law   Bryan Eastin, Esq. Provident Law On May 21, 2019, Governor Ducey signed new provisions regulating short- term rentals. The new laws aim to curb issues where short-term rentals are perceived as increasing noise and traffic in residential neighborhoods or are operated as “party houses.” Among other things, these… Read more

LAYING DOWN THE LAW – New Rules for Evictions

Laying Down the Law, Market Forecast

Christopher J. Charles Attorney, Provident Law   The Arizona Supreme Court recently promulgated new rules for eviction actions. Per the new rules, before proceeding with an eviction action, landlords must serve tenants with not only the Complaint and Summons, but also with a copy of the controlling lease, any addenda to the lease, plus a… Read more

LAYING DOWN THE LAW – It’s All About The [Purchase] Money: Are Construction & Home Improvement Loans Entitled to Anti-Deficiency Protection?

Financial Goals, Laying Down the Law

Christopher J. Charles, Esq. Provident Law   Phillip A. Overcash, Esq. Provident Law Arizona law provides certain protections to homeowners who obtain purchase money financing for a home and then subsequently default. There are, however, important limitations to those protections. The Arizona Court of Appeals recently held that, generally, construction loans qualify as a purchase… Read more

LAYING DOWN THE LAW – LEGAL HEADACHES: CAN TENANTS SUE THEIR LANDLORD FOR ANNOYANCE OR EMOTIONAL DISTRESS CONCERNING A PROPERTY’S CONDITION?

Laying Down the Law

Christopher J. Charles, Esq. Provident Law   Phillip A. Overcash, Esq. Provident Law The Arizona Residential Landlord and Tenant Act, A.R.S. § 33–1301 et seq., (the “Act”), provides a comprehensive framework regulating the rights and responsibilities of landlords and tenants under a lease for residential properties. Arizona courts have interpreted the Act to provide broad… Read more

LAYING DOWN THE LAW – WHY MEDIATION TRUMPS LITIGATION

Laying Down the Law, TEAMS

Christopher J. Charles, Esq. Provident Law   “Where there are no oxen, the manger is clean, but an abundant harvest comes through the strength of the ox.” Proverbs 14:4. Put another way, if you don’t do any work, you might have a clean stable, but you won’t have any crops. Applying this principal to business,… Read more

LAYING DOWN THE LAW – COURT RULES THAT JUDGMENTS DO NOT ATTACH AS LIENS TO HOMESTEAD PROPERTIES

Laying Down the Law

Christopher J. Charles, Esq. Provident Law   Bryan Eastin, Esq. Provident Law Most civil cases never reach the trial stage. Instead, they are settled before trial. However, in the smaller percentage of cases that proceed all the way to trial, the Court will award to the prevailing party a judgment. These judgments are typically recorded… Read more

LAYING DOWN THE LAW – ARE USURY LAWS STILL RELEVANT?

Laying Down the Law

Christopher J. Charles, Esq. Provident Law   Samuel J. Doncaster, IV, Esq. Provident Law One of the greatest misconceptions of Arizona law is that usury is no longer a viable cause of action. In the 1980s, Arizona amended the usury laws to remove the interest rate ceiling. As a result, today’s usury laws essentially authorize… Read more

LAYING DOWN THE LAW – Death and taxes: The Statutory Requirements for Purchasing, Redeeming and Foreclosing on Tax Liens in Arizona

Laying Down the Law

Christopher J. Charles, Esq.   Phillip A. Overcash, Esq. Two things in life are certain: death and taxes. And if you don’t pay your taxes, there can be severe consequences. For example, if you fail to pay your property taxes, someone else can swoop in, pay the tax liability, and then ultimately claim title to… Read more

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