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Tenant Can Break The Lease After Gang Shooting

By Christopher Combs | February 18, 2024

Question: My wife and I live with our two-year-old son in a Phoenix apartment complex. Last week in our apartment complex there was a gang fight with several shots fired. We were terrified, especially about the possibility of additional gang shootings. We notified the property manager and moved out immediately, and we have been staying with my wife’s sister until we can find another apartment. We just received an email from our former landlord’s attorney stating that we had no right to move out of the apartment, and that we will owe rent until the landlord can find another tenant. Do we have to pay any more rent? Answer: You had a right to terminate the lease with five days’  notice and move out of your apartment because you had a reasonable belief of imminent danger to the health and safety of you and your family. A.R.S. § 33-1361. Therefore,…

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Disclosure Affidavit Required for All Unsubdivided Land Sales Not in a City or Town

By Christopher Combs | February 11, 2024

Question: In a recent column you discussed an Arizona law requiring an affidavit of disclosure from the seller to the buyer if a parcel of unsubdivided land is sold in an unincorporated area of a county, i.e., land not located in a city or town. This affidavit of disclosure is recorded and requires disclosure by the seller of such things as access to the highway and availability of utilities. Two years ago we sold a 20‑acre parcel of land in Pinal County to a buyer with seller carryback financing. The buyer has now defaulted on the monthly payments to us, and has recorded a deed in lieu of foreclosure to us. Will an affidavit of disclosure still be required from us when we sell the 20‑acre parcel of land to a new buyer? Answer: Yes. Although the affidavit of disclosure was recorded, a new buyer is entitled to a current…

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