Arizona Contract Law: What is a Severability Clause?

Arizona Contract Law: What is a Severability Clause?

In our new series of articles on Arizona contract law, we will be focusing each article on a single, prevalent contract clause, its purpose, and real world meaning. Severability clauses tell a court that even if the contract has unenforceable terms, the parties intend that the remaining agreement should stay in effect. If there are […]

My Home Has Defects! What are My Rights?

QUESTION: My husband and I purchased our first home right after we were married. Of course, we were thrilled at first, but now that we have been living there for five years, we keep finding construction defects. For example, last time it rained, there was a huge roof leak and it damaged some of our […]

Contractors Beware: Make Sure Your Contract Won’t Get Your License Suspended!

In Arizona, contractors are required to include nine written items in any contract that has a total amount of more than $1,000. Neglecting to do so can subject your contractor’s license to disciplinary action by the Registrar of Contractors, such as license suspension or revocation.  If you are an Arizona contractor, make sure your business […]

Landlord Tenant Act: Recent Changes to Abandoned Property Rules

Under the previous version of the Arizona Residential Landlord and Tenant Act (the “Act”), when a tenant was evicted, their landlord had to store any left behind personal property for 21 days, or when abandoned for 10 days.  Often, to comply with the way the Act was worded, landlords felt compelled to store items such […]

Landlord Tenant Law Changes – Tenant Security Deposits

Security Deposits Under Arizona law, A.R.S. §33-1321 (D), at the end of a tenancy, a landlord may apply prepaid rent and security money (security deposits) towards unpaid rent, specific charges in the lease, and damages to the premises. Landlords must provide the tenant an itemized list of the deductions with the amount due to the […]

TENANT’S RIGHTS: Federal Law Protecting Tenants Reinstated in 2018

History During the subprime mortgage crisis, millions of homes were lost to foreclosure. Of these, many were inhabited by unsuspecting, blameless tenants who were forced to immediately vacate. In response, Congress enacted the Protecting Tenants at Foreclosure Act of 2009 (“PTFA”). [1] Under the new law, if a lease preceded the foreclosure notice, the new […]

Can My Homeowner’s Association Really Take My House?

Homeowner’s Associations (“HOAs”) are a prevalent feature of modern property ownership.  HOAs are known to increase property values through maintenance of common areas and the enforcement of beneficial rules.  After all, even if you can find a way to tolerate it, your neighbor’s fluorescent yellow paint exterior will almost certainly make it harder to sell your house […]

Commercial Real Estate Market

The forecast for the commercial real estate market in the Tucson metro area is bright. New distribution centers by Fed Ex and Home Goods, as well as plans for expansion by Raytheon, World View, and Vector Space Systems is evidence that Southern Arizona is enjoying steady growth.  Caterpillar should complete construction of its divisional headquarters […]

The Implied Warranty of Good Workmanship

You bought a new house and now, after several years have gone by, you have found defects in the construction. In the Construction Defect Litigation arena, homebuyers are armed with many theories of liability against the contractor to support their allegations of defective construction. One theory of recovery available to you is known as the […]

Anti-Deficiency Statute

Here at the Brei Law Firm, we believe it is important for our clients to be aware of changes in real property law. The Arizona Supreme Court recently held that Arizona’s anti-deficiency statute (A.R.S. § 33-814(G)) does not a bar a deficiency judgment against an owner of vacant property. This means that under certain cases, […]