Posts Categorized: Laying Down the Law
LAYING DOWN THE LAW – WHO GETS THE HOUSE? HOW TO DIVIDE REAL PROPERTY BETWEEN CO-OWNERS IN PARTITION ACTIONS
Broker Summit, Laying Down the Law
March 3, 2020
Christopher J. Charles, Esq. Provident Law Bryan Eastin, Esq. Provident Law Joint ownership of real estate provides many benefits, including increased buying opportunity, shared expenses, avoidance of probate, and shared risk/liability. Co-ownership also provides opportunities for disagreement. For example, co-owners might not agree on when to sell or how the proceeds should be apportioned…. Read more
LAYING DOWN THE LAW – CAN COMMERCIAL LANDLORDS BE LIABLE FOR THEIR TENANT’S ACTIONS?
Find It, Fix It, Flip It, Laying Down the Law
February 3, 2020
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
January 2, 2020
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
December 2, 2019
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
November 1, 2019
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
October 15, 2019
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
April 30, 2019
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
April 1, 2019
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
February 26, 2019
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
January 29, 2019
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