All Posts By

Christopher Charles

Troubles of Owning Short-Term Rentals in Arizona During the COVID Panic

Troubles of Owning Short-Term Rentals in Arizona During the COVID Panic

By | Real Estate

The COVID-19 pandemic has changed a great deal about how Arizonans—and Americans in general—vacation in 2020, and there’s little indication yet that 2021 will be much better. From restrictions in travel—no going abroad!—to limitations on nonessential businesses, to the occasional full two week quarantine, to fears of what air travel might mean for the health of those who use it, everything has been up in the air. Naturally, this has had some effect on those who own short-term rentals. Particularly the “little guys.” Read More

How Arizona Landlords May Manage an Evicted Tenant’s Personal Possessions

How Arizona Landlords May Manage an Evicted Tenant’s Personal Possessions

By | Real Estate

Sometimes a new landlord in Arizona finds that an evicted tenant has left behind some personal property in the now-empty rental space they recently occupied. It’s not uncommon for the old refrain “finders keepers, losers weepers” to run through the landlord’s mind upon making this discovery. And yet, while there is some level of truth in property law to that nursery-rhyme concept, things are not quite so simple in the landlord-tenant branch of the law. Read More

Under What Conditions May an Arizona Renter Withhold Rent During the COVID-19 Pandemic?

Under What Conditions May an Arizona Renter Withhold Rent During the COVID-19 Pandemic?

By | Real Estate

The real estate puzzles posed by the COVID-19 pandemic are legion. In normal times, Arizona’s real estate regime has not made much room for what is referred to as “rent striking.” In other words, the reasons a tenant might have been tacitly authorized by law to withhold rent have been few indeed. But in the immediate wake of the pandemic’s rise much of the relief created by lawmakers—mainly on the federal level, which supersedes Arizona law—has come out in the balance favoring tenants. Read More

Under What Conditions May a Borrower Withhold Mortgage Payments During the COVID Pandemic?

Under What Conditions May a Borrower Withhold Mortgage Payments During the COVID Pandemic?

By | Real Estate

We have yet to see the full scope of fallout from the economic side-effects of the COVID-19 pandemic, but a great number of outlets are predicting that mortgage delinquency is likely to increase dramatically. That’s bad news for lenders on a number of levels. In the meantime, lenders are facing the up-front cost of dealing with laws designed to help borrowers to temporarily avoid paying their mortgages in the face of the crisis. Read More

Ways to Terminate an Easement in Arizona

Ways to Terminate an Easement in Arizona

By | Real Estate

Easements run like shattered cobwebs across the state of Arizona. These property rights provide one person a right to use another person’s property for certain limited uses—and this limited use is considered a form of real estate interest that the property owner cannot simply revoke at will under law. Read More

Bankruptcy’s Effect on Foreclosure in Arizona

Bankruptcy’s Effect on Foreclosure in Arizona

By | Real Estate

Occasionally we get the question of what effects filing for bankruptcy has on the property foreclosure process in the state of Arizona. It’s something of a complicated issue, and one that requires consultation with an attorney on a case-by-case basis. But there are some general effects we can get into. Bankruptcy effectively halts a lender’s debt collection efforts made against the person or entity that has filed for it. Read More

Can Homeowner Associations Ban Short-Term Rentals in Arizona?

Can Homeowner Associations Ban Short-Term Rentals in Arizona?

By | Real Estate

The battle over short-term rental services has been raging in Arizona over the past few years. For a little while state law was in place that forbade municipalities—counties and cities or towns—from banning short-term rental services. The idea was that people with extra space or who were away from home might be able to make a bit of extra money by renting out rooms or their homes for brief spans of time, which would be a boon for the local economy. Read More

Terminating a Commercial Lease in Arizona

Terminating a Commercial Lease in Arizona

By | Real Estate

It is not uncommon for a commercial lease agreement to last years, or even decades. Nor is it uncommon for them to last for a far shorter duration. Either way, the eventual result is nearly always the same: the lease comes to a point of termination. But how does the termination of commercial leases differ from that of residential leases in Arizona? Read More

Can a Tenant Be Sued for Rent Post-Eviction in Arizona?

Can a Tenant Be Sued for Rent Post-Eviction in Arizona?

By | Real Estate

The term of a lease is considered a sort of contract under Arizona law. Under normal circumstances, the breach of a contract due to lack of performance by one of the parties will mean that the other party has the right to seek either damages or for fulfillment of the contract to the extent that they were set to benefit from it. This leads to the question: if a landlord evicts a tenant (let’s say it’s for failure to pay back rent), can the landlord sue for the rent they are owed for previous months unpaid, as well as the rent they would have received through the end of the lease, had that lease run its full course? Read More

What Remedies Do Landlords Have Under Arizona Law if a Tenant Intentionally Destroys Rental Property?

What Remedies Do Landlords Have Under Arizona Law if a Tenant Intentionally Destroys Rental Property?

By | Real Estate

The landlord-tenant relationship is filled with the potential to become a rocky one. This was particularly true before the various legal measures that have been adopted to forestall, ameliorate, or address this fact—and none of these measures have managed to do away with it entirely. One particularly contentious issue that can arise is in the case that a tenant on a property has done some form of damage to it—and especially if it appears this has been done purposely. Read More