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Arizona Real Estate Journal

Arizona School of Real Estate and Business

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Can We Pass Out Campaign Literature on Church Grounds?

Can We Pass Out Campaign Literature on Church Grounds?

By | Church

When election time rolls around, churches generally find themselves in something of a difficult spot. It’s not uncommon for a specific candidate to espouse policies that are more in line with the church’s teachings than those of another, and therefore the church may want to support that candidate’s run for office. This sometimes includes the desire to pass out campaign literature on church grounds. 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

The Equality of Parenting Time

By | family law

As one family law judge put it, in family court, parties often think that there will be a clear winner and loser; the judge will pick one person’s side completely. But that is almost never the case. When there are children involved, the judge is always required to look to the best interests of the child, even if neither parent likes it. Usually, it is in the child’s best interests if the parents can come to an agreement that works, that both will follow, even if they cannot be particularly cordial about it. Read More

Religious Organizations and Zoning in Arizona

Religious Organizations and Zoning in Arizona

By | Church

Like other states, Arizona permits its municipal subdivisions to engage in zoning, including regulating the various types of structures and uses of land that residents within a given “zone” (generally residential, mixed residential-commercial, industrial, and so forth) are permitted to erect, maintain, and operate within. 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

How to Handle Nonprofit Volunteers with a Past History of Violence

How to Handle Nonprofit Volunteers with a Past History of Violence

By | Church, Nonprofit

Churches and religious ministries, probably better than any other type of institution in existence, understand that human beings are fallible. We make mistakes. We are capable of changing—from willfully malignant to behaving in a manner worthy of humanity. Therefore in a way it would fly in the face of the beliefs of many nonprofit organizations to outright ban from volunteer work someone with a past history of violence (like a single fight decades in the rear-view mirror), so long as that violence truly does lie in the past. 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

Who is Responsible for Legal Documents Signed by a Clergyperson?

Who is Responsible for Legal Documents Signed by a Clergyperson?

By | Church

Among the legal threads holding our society together, the legal signature is the height of indicators of personal and organizational responsibility. Contracts that make entire industries run are predicated upon the signing of name on a line at the end of legal documents. Often these signatory promises are made by one person—a representative—on behalf of an organization, which must then keep that individual’s promise even if that person somehow ceases to be a member of that organization. And, as churches must operate within the rubric of the larger society, they are expected to abide by similar rules. Read More

Amputated Toes and Floor Cracks: Negligence Per Se Under the Arizona Residential Landlord Tenant Act

By | Real Estate

In the recent decision Ibarra v. Gastelum, the Arizona Court of Appeals, Division 1, found that the Arizona Residential Landlord Tenant Act (“ARLTA”) does not have the specificity required by statute to support a negligence per se personal injury claim. While this seems like a technical decision interpreting obscure and jargon-laced statutes, it has important ramifications for tenants who may be injured by a condition in their rental unit. 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

Which Nonprofits Must File a Tax Return

Which Nonprofits Must File a Tax Return

By | Nonprofit

There is a common misconception in the public at large that nonprofits in Arizona and elsewhere are not required to file a tax return with the IRS. People hear “tax-exempt” and believe that means exempt from the roll-call. Not so. Even nonprofits must file a tax return—for the most part. 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 is the Donor Substantiation Requirement for Nonprofit Organizations?

What is the Donor Substantiation Requirement for Nonprofit Organizations?

By | Nonprofit

Donations are often considered the lifeblood for nonprofit organizations. Because donations are usually tax deductible for the donor, it’s not uncommon for people considering making donations to nonprofits—and those running them—to ask about the donor substantiation requirement.  Nonprofits should be aware of these requirements.

The Internal Revenue Service long ago put in place rules that lay out particular requirements for individuals to make donations that are tax deductible to charities and other nonprofits. 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

Post-Foreclosure Deficiency Claims in Arizona

Post-Foreclosure Deficiency Claims in Arizona

By | Real Estate

Sometimes a home or other form of real property is foreclosed on, and its resale does not make enough money from the perspective of the lender. In this case, Arizona allows for a post-foreclosure deficiency to be claimed in some circumstances. Such a claim is filed by lenders as an attempt to recover the balance that remains following the sale or foreclosure—the difference between the sale price and the amount remaining on the foreclosed-upon owner’s mortgage—also known as a “deficiency.” And sometimes they will be granted. Read More

Can Two Nonprofits Merge Together in Arizona?

Can Two Nonprofits Merge Together in Arizona?

By | Nonprofit

The concept of a merger is familiar in the for-profit sector: two corporations join together to become one corporation. The driver in this case is, as the name would suggest, profit. There is more to be gained for the corporations and their shareholders if the two officially join forces. But why might two non-profit organizations want to join forces so intimately—and is it even possible in Arizona? Read More

Valuing a Family Business in a Divorce

By | Business

There are several legal ramifications to a divorce (or, the legal term in Arizona, a dissolution of a marriage). Not only does it legally dissolve a marriage, it also determines important things like child support, legal decision-making authority (custody) and parenting time (visitation), spousal maintenance (historically called alimony), and division of assets and debts. In the state of Arizona, all property acquired during the marriage is considered “community property” (with a few exceptions), which means it will be split by the parties in the event of a divorce. This split is called an “equitable distribution”, which usually means the property will be divided equally, absent some compelling reason why it should not be. Read More