Commercial Tenant Not Paying Rent

By Christopher Combs | July 13, 2013

   Question: My family owns a small shopping center in Apache Junction. Two years ago, we verbally entered into a month-to-month lease with a beauty salon. Although we intended to have a written lease agreement, we never did. Until this month the beauty salon always paid the rent on time, but this month the owners are more than two weeks late. They say they will get us this month’s rent by the end of this month. We would like to rent the space to another tenant for higher rent. What can we do?    Answer: You can either file an eviction action in…


Obligation to Disabled Tenant

By Christopher Combs | May 11, 2013

 Question: We own a rental home in north Phoenix. Our property manager has received a proposed lease from a quadriplegic. The home will need to be retrofitted to accommodate the needs of the quadriplegic. Our property manager says that under Fair Housing laws we are required to retrofit the home. The cost will be approximately $5,000. We have lost money since buying this rental home, and don’t want to lose $5,000 more. Do we have to retrofit the home?   Answer: No. Although Fair Housing laws prohibit discrimination against a disabled tenant, the landlord is not obligated to install improvements to meet the…


Tenants Protected During Foreclosure

By Christopher Combs | December 22, 2012

Question: We have four months remaining on our one-year lease of our Chandler home. When we came home yesterday, we noticed a piece of paper posted on our garage door saying that there is a foreclosure auction scheduled in less than three months. When we contacted our landlord, he said he was trying to refinance the home so that the foreclosure auction will be cancelled. If there is no refinancing, will we have to move before the end of our lease? If the house is in foreclosure, do we have to continue to pay rent to our landlord? Answer: If…


Do I make lease payments during a “shelter-in-place” order?

By Cameron Combs | March 25, 2020

Question: Our real estate brokerage firm in Phoenix leases a small office building. Our lease is up at the end of July of this year, and I have been negotiating with the landlord for a one-year extension. Because of the coronavirus pandemic, however, I am questioning whether I should sign a one-year extension. In fact, having many of my employees work from their homes the past two weeks has been so successful that I may significantly downsize the office. Last week when I spoke to the landlord he said that, if Governor Ducey issues an executive order mandating Arizonans to…


New Arizona Real Estate Laws Effective in 2017

By Combs Law Group | September 29, 2017

New Arizona Real Estate Laws In the Arizona legislative session for 2017 the legislature enacted many new Arizona laws that affect real estate. Most new laws went into effect on August 9, 2017.   Tenant “Finder Fee” is Allowed Generally, any referral or finder fee relating to sale or lease of real property may only be given to real estate brokers or licensees. However, A.R.S. § 32-2176 allows an owner or a property management company to pay a finder fee to an unlicensed person who is also a tenant in another unit managed by the property management company or owned…


Liability for Law-Breaking Tenants

By Combs Law Group | December 9, 2015

Liability for Law-Breaking Tenants   A landlord could be liable for knowing or having reason to know that tenants are conducting criminal activity on its rental property. If a landlord suspects criminal activity is taking place on its rental property by the tenants, and the landlord fails to take reasonable action to stop the criminal activity or at least address the issue, the landlord should pursue an immediate termination of the lease under Arizona law, or take other appropriate action in order to avoid liability.   Common types of illegal activity by tenants include illegal gambling, criminal gang activity, and…


Law Enforcement Can Remove Unauthorized Occupants from Rental

By Combs Law Group | August 14, 2015

  Question:  My husband and I reside in Los Angeles, California, and own an investment property in Mesa, Arizona that we rent out to a couple.  The tenants signed a lease with us six months ago and represented to us in the lease that they would be the only occupants residing in the property.  Recently, however, our friends in Mesa have informed us that two unauthorized college students are also residing in the property.  Is there anything we can do about this?   Answer:  If your tenants misrepresented that the college students would not be occupants of the property, you…