News & Resources

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 […]

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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 […]

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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 […]

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Why Should I Have an Attorney Review My Contract?

Contracts are legally enforceable promises It is important to know what you are getting into when you sign any contract. Unless a party can prove a viable defense such as fraud, misrepresentation, or duress, they are generally enforceable. Contracts are difficult to construe People often sign contracts without truly understanding them, because the taxing prose […]

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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 […]

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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 […]

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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, […]

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New Members of the Arizona State Legislature

The new members of the Arizona State Legislature will be sworn in next week. Here is a sampling of a few new bills being proposed. legislators/”>http://www.kvoa.com/news/bills-being-proposed-by-arizona-legislators/  

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Big News Regarding the 4th Amendment!

Big news regarding the 4th Amendment: the Supreme Court unanimously ruled in favor of privacy rights today by requiring police to get a warrant before searching a person’s cell phone.   http://www.washingtontimes.com/news/2014/jun/25/supreme-court-bans-warrantless-cell-phone-searches/    

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