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A landlord can raise rent at the end of every rental period, but they must give proper notice. This means (unless your lease has different rules) landlords can raise rent once a year for an anual lease. If you have a month-to-month lease, they could raise rent every month.
Trick question. Residential tenants can never withhold rent. In Arizona, rent strikes are illegal. As long as you have a binding lease, rent is due at the beginnng of each rental period. (Yes, even if the AC is out or if there is a health concern with the apartment).
It depends. In Arizona, landlords have a responsibility to provide a "safe and habitable" living enviornment. If your rental is not safe or habitable, or if there is another breach of the lease, you must give your landlord legal notice and wait the required period. Then, if there is no fix, tenants are entitled to legal remedies.
After a tenant has moved out and returned all keys/clickers, the landlord has 14 days to return a security deposit and itemized accounting. If a landlord fails to return the deposit or provide a legal accounting, tenants may sue to recover any wrongfully withheld deposit.
It depends. Typically, if landlords have already served legal notices and waited the notice period, evictions can go from start to finish in days to weeks. More complicated cases can take longer. Please consult with an attorney for the most accurate advice.
A Trust and a Last Will & Testament both help distribute your assets, but work in different ways. A Last Will & Testament goes into effect only after you pass away. It must go through probate, which is a court-supervised process. A Revocable Trust takes effect as soon as it's created, allowing your assets to be managed and distributed before and after your death. This allows you to avoid probate, potentially saving time and money for your loved ones. A Trust also offers privacy and greater control over how and when your assets are distributed
Nope! Estate planning is important for everyone, regardless of wealth. While it can protect large assets, estate planning ensures your wishes are carried out, your loved ones are provided for, and important decisions are made regarding healthcare and guardianship.
Even if you have modest assets, a well-designed estate plan can prevent confusion, reduce legal costs, and avoid family disputes, making it valuable for people at all income levels.
Probate is the legal process where a court oversees the distribution of a person's assets after they pass away. During probate, the court verifies the validity of the deceased's will (if there is one), ensures debts and taxes are paid, and distributes the remaining assets to the rightful heirs. Probate can sometimes be time-consuming and costly, which is why many people choose tools like trusts to help avoid it!
No, an estate plan does not get recorded with the state. Most estate planning documents, like wills and trusts, are private. They only become public if they go through probate, which is required for wills. Trusts, however, generally avoid probate and remain private.
It's important to keep your estate planning documents in a safe place and ensure your executor or trustee knows where to find them when needed.
No, placing your house in a Revocable Trust typically doesn’t cause problems. In fact, it’s a common strategy to avoid probate and make it easier for your heirs to inherit the property. You retain full control of the house while you’re alive and can sell, refinance, or live in it as usual. Since the trust is revocable, you can change or cancel it at any time.
It’s always a good idea to consult with an estate planning attorney to ensure it’s done correctly and doesn’t affect your mortgage or insurance.
Are you wanting to collect a judgment from an eviction action? Here are some common Questions.
Yes, an eviction judgment can affect your credit. While the eviction itself might not appear on your credit report, any unpaid rent or damages that lead to a court judgment can be reported to the credit bureaus, which will negatively impact your credit score.
Additionally, landlords often report unpaid debts to collection agencies, which can also show up on your credit report. This can make it harder to rent in the future or get approved for loans or credit.
In Arizona, an eviction judgment can stay on your record for 10 years and can be renewed for an additional 10 years if the landlord takes action to extend it!
This means the judgment could potentially affect you for up to 20 years. It’s important to address any outstanding issues tied to the judgment to avoid long-term consequences. Totals also continue to grow with compounding interest, so take action sooner than later!
To collect money from an eviction judgment in Arizona, you can:
1. Request wage garnishment.
2. Garnish the tenant’s bank account.
3. Place a lien on their property.
4. Hire a collection agency.
5. Request a debtor’s exam to find their assets.
Consulting an attorney can help ensure the process is handled correctly. Recent ballot initiatives have drastically changed collection practices in AZ in recent years.
To get an eviction judgment off your credit, you can:
Pay the judgment: Satisfy the debt in full, and request that the creditor file a "Satisfaction of Judgment" with the court.
Negotiate a settlement: You may be able to negotiate with the landlord or creditor to settle the debt for less than the full amount, possibly in exchange for removing the judgment from your credit report.
Dispute inaccuracies: If there are errors related to the eviction on your credit report, you can dispute them with the credit bureaus.
Wait for it to drop off: Judgments typically remain on your credit report for up to 7 years, but paying or settling the debt can help improve your credit sooner.
It’s important to resolve the debt as soon as possible to minimize the impact on your credit score.
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