In the case of Bocchino v. Fountain Shadows (No. 1 CA-CV 16-0710, March 3, 2018) the Arizona Court of Appeals ruled that Fountain Shadows Homeowners Association (the “Association”) had to return $3,887.28 it had assessed directly against former … [Read more...]
Evicting Adult Children – A Growing Problem
The highly-publicized, recent New York case involving the eviction of 30-year-old Michael Rotondo by his parents made Mr. Rotondo a viral sensation and a graphic illustration of an increasing trend across the country – adult children who overstay … [Read more...]
Agreements to Compensate Real Estate Agents Must Be in Writing – Really!
Once again, Arizona courts have required strict compliance with Arizona statutes for real estate compensation: they must be in writing, signed by the parties and set forth the date of expiration. A.R.S. §32-2151.02(A). In January, the Arizona Court … [Read more...]
New Requirements Regarding Residential Security Deposits
On May 16, 2018, Arizona Governor Doug Ducey signed into law House Bill 2651 limiting the amount of time a tenant has to dispute any amounts being deducted from the tenant's security deposit upon move-out. Under existing provisions of the Arizona … [Read more...]
Specificity Required For Specific Performance
Arizona courts will not “order specific performance if the parties did not agree on one or more ‘important, essential or material terms.’” Offerman v. Granada, LLC, No. 1 CA-CV 16-0407, Ariz. App. 11-14-2017. In this recent case, Offerman leased … [Read more...]
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