Category

Real Estate

When is an Arizona Landlord Not Allowed to Access Rental Properties?

When is an Arizona Landlord Not Allowed to Access Rental Properties?

By | Real Estate

Arizona’s Residential Landlord and Tenant Act is the primary source of regulations surrounding the relationship between parties to a rental agreement—as modified or specified by any contracts between the parties. Some landlords go into the relationship with an incomplete concept of the ways that their ownership property rights are altered by the new rights that inhere to a renter. A landlord is, generally, permitted the right to access the property they are renting. But there are some restrictions that are fully enforceable by a tenant as against a landlord, and the landlord would do best to be aware of these.

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FORCE MAJEURE, COVID-19, AND REAL ESTATE CONTRACTS

By | Real Estate

Why are real estate contracts so long?  The initial REALTOR® Residential Resale Real Estate Purchase Contact was about one page – today, it is ten pages, not including the various addenda and disclosure forms.  Excellent contract drafting aims to memorialize the parties’ agreement, including their rights and responsibilities, and tries to anticipate future events to minimize uncertainty and avoid conflict.

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Landlords and Tenants—Which Laws Apply in Arizona?

Landlords and Tenants—Which Laws Apply in Arizona?

By | Real Estate

The relationships between landlords and their tenants span the gamut from close (even familial or living in the same space) to the dreaded (and illegal) slumlord-tenant scenario. Naturally, someone considering becoming an investor in real property with the intent to engage in this active form of investment will want to become familiar with the laws in Arizona that pertain to landlord-tenant relations.

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Specific Performance of Real Estate Contracts in Arizona

Specific Performance of Real Estate Contracts in Arizona

By | Real Estate

Like any other contract, an agreement for a sale and purchase of real estate is an enforceable document, and a breach of its terms entitles the party who was harmed to damages that must be supplied by the party who breached the contract. That said, the complex nature of real estate contracts has resulted in an amount of law arising around these agreements. These include, for example, the stipulation in Arizona’s statute of frauds that a real estate agreement is only enforceable if the party claiming breach can produce a written and signed document (an oral contract for the sale of the property is not enough). And most real estate purchase agreements contain contingencies—which are elements that, should they occur, permit the parties to exit the contract without it being considered breach. (For example, if the contract is made contingent upon the potential buyer having sold their previous home by a certain date, and that date comes without the sale of that previous home, then the contract may be canceled—the seller of the home in question may go on to entertain other purchase offers and the potential buyer may move on to search for other properties.) And then there is the fact that a given parcel of real estate is such a unique form of property that, in the case that a breach (not supplied for in the contract’s contingencies) should occur, a court may determine that specific performance is called for.

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