Category: Real Estate Law

  • Arizona Eviction Process: The Five-Day Notice and What Happens in Court

    The arizona eviction process starts with a notice, not a lawsuit. That distinction matters more than most landlords and tenants realize. A.R.S. § 33-1368 governs the most common trigger, nonpayment of rent. It gives a tenant a real window to fix the problem before anyone sets foot in a courtroom. The five-day notice that starts…

  • Breach of Real Estate Contract Arizona: Earnest Money and Specific Performance

    A breach of real estate contract Arizona buyer or seller faces usually comes down to one broken promise. A buyer who can’t or won’t close. A seller who backs out after signing. Arizona contract law gives the non-breaching party more than one path forward. Which one makes sense depends heavily on what they actually want…

  • Easement Right of Way Arizona: What It Actually Grants a Neighbor

    An easement right of way Arizona property owner grants doesn’t transfer ownership of the land itself. It’s easy to assume a neighbor with access rights has some kind of partial ownership claim. They don’t. Arizona common law treats an easement as a limited right to use land someone else still owns. What an easement right…

  • Construction Defect Claim Arizona: The Notice and Right-to-Repair Statute

    A construction defect claim Arizona homeowner wants to file can’t just go straight to a lawsuit. The Purchaser Dwelling Act, at A.R.S. § 12-1361 and following, requires a specific notice-and-repair process first. Skip that process, and a court can dismiss the case before it even reaches the merits. What actually counts as a construction defect…

  • Arizona Foreclosure Process Trustee Sale: Timeline and the Right to Cure

    Understanding the arizona foreclosure process trustee sale timeline matters most in the weeks right after a notice shows up. Arizona uses nonjudicial foreclosure for most home loans. No lawsuit and no judge decide whether the sale happens. A.R.S. § 33-807 sets the entire timeline, and it includes a real chance to stop the sale before…

  • Quiet Title Action Arizona: What It Actually Resolves

    A quiet title action Arizona owners file almost always starts with a specific, tangible problem. A forged deed. A neighbor’s fence in the wrong place for a decade. An old lien nobody can explain. A.R.S. § 12-1101 provides the legal mechanism to resolve exactly those disputes and produce a court judgment that settles ownership for…

  • HOA Dispute Arizona: What the Association Can and Can’t Actually Enforce

    An HOA dispute Arizona homeowners run into almost always starts the same way: a board takes an action the homeowner assumes is illegal, but Arizona’s Planned Communities Act actually allows it, or the opposite. The Act, codified at A.R.S. Title 33, Chapter 9, spells out exactly what an association can enforce and where its power…

  • Security Deposit Law Arizona: The Rules Most Leases Get Wrong

    Security deposit law Arizona disputes almost always come down to the same handful of misunderstandings. Landlords think they can hold a deposit indefinitely or charge for ordinary wear. Tenants think any deduction is automatically wrong. A.R.S. § 33-1321 answers both questions with specific rules most leases never spell out. How much a landlord can actually…

  • Seller Disclosure Statement Arizona: What a Seller Legally Has to Tell You

    Every Arizona seller disclosure statement question comes back to one confusion: two different legal requirements share similar names. Knowing which one actually applies to your sale, and what “disclose” legally means, matters before you sign anything. The Arizona seller disclosure statement most sellers actually use Most Arizona home sales use the Seller’s Property Disclosure Statement,…