Real Estate Law

Gottlieb Law - Tips for Dealing with Maintenance and Repair Issues in Arizona Rental Properties
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Tips for Dealing with Maintenance and Repair Issues in Arizona Rental Properties
Tips for Dealing with Maintenance and Repair Issues in Arizona Rental Properties 2560 1707 Gottlieb Law
Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Owning rental property in Arizona can be a profitable endeavor for many owners. The winter and spring tourism and influx of residents from other states all contribute to the growth of the state’s economy, including its real estate market. Many prospective landlords, however, are unprepared for dealing with the maintenance and repair issues that come with rental properties.

Arizona law requires landlords to keep the premises in “fit and habitable” condition throughout the length of the lease agreement, including making necessary repairs. Because this is a legal obligation, it is wise to be prepared for said repairs and maintenance. Here are some tips for facing the inevitable.

Tip #1: Respond to maintenance requests in a timely manner

Due to state law, it’s important to address any maintenance issues as soon as possible so rental properties will remain “fit and habitable” and in good repair. (It is also a practice that will establish a more pleasant working relationship between landlords and tenants.) A.R.S 33-1324 details more specific requirements of landlords, such as complying with building codes and ensuring access to reasonable utilities. 

There are cases in which the tenant may be responsible for making repairs, which must be described in the lease agreement. The landlord should not use clauses that place responsibility on the tenant for the purpose of avoiding maintenance and repairs, however. 

Tip #2: Establish clear procedures

Keeping a rental property in good repair doesn’t happen without communication. Especially because, in general, landlords cannot “drop by” a rental property without providing reasonable notice, they may not know about issues until contacted.

Have a clear process for tenants to report maintenance issues, including providing a phone number and email address for maintenance requests, and establish a timeline for addressing issues. This will ensure the landlord is compliant with state law, while the tenant is provided residential space that is fully functional.

Tip #3: Keep accurate records

The “paper trail” is one of the most essential pieces of issue resolution because it proves action was taken, and it sets up a process for any future issues. Therefore, it’s prudent to keep detailed records of all maintenance and repair requests, including the date, time, and description of the issue, as well as any actions taken to resolve the problem. As mentioned, having a set procedure for issue resolution can also improve efficiency for any repairs that come up during the remainder of the lease time frame.

For property owners, this is especially crucial because failure to act within 10 days of a written request for repairs (per A.R.S. §33-1363) may trigger the self-help repair statute, where the tenant deducts the cost of repair from their rent payment.

Tip #4: Use licensed and insured contractors

Freelance worker marketplaces and word-of-mouth recommendations may help property owners save money on maintenance and repairs, but there is no guarantee these individuals have licenses and insurance. Any injuries or errors during jobs with these individuals can prove to be nightmare scenarios, especially because tenants must be considered.

When hiring contractors to perform maintenance or repair work, ensure they are licensed and insured in the state of Arizona. This can help protect you if anything goes wrong.

Tip #5: Communicate with tenants

Conducting maintenance and repairs is a process, especially when they involve complex systems like electrical or plumbing. Tenants deserve to be informed of the status of their maintenance and repair requests before they’re addressed and during the operations. That way, they can plan accordingly or even temporarily vacate the premises if they determine it’s for the best.

Keep them in the loop and let them know if there will be any disruptions to their daily routine while work is being done.

Tip #6: Stay organized

Along with creating records of maintenance and repairs, property owners are advised to keep track of maintenance and repair expenses. Rental property cash flow is a major benefit for owners and is a separate conversation, but budgeting for these expenses will ensure you can always fulfill requests in a timely manner. Be sure to set money aside for future issues — even the best-kept properties are subject to harsh weather and other factors that cause wear and tear. 

Consult with an Experienced Real Estate Attorney

By following these tips, landlords can help ensure their properties are well-maintained and in compliance with Arizona law, while also fostering positive relationships with their tenants. Investors should partner with an experienced real estate attorney who is familiar with landlord/tenant laws and how they can impact their investments. Gottlieb Law provides industry-leading legal representation for anyone involved in Arizona commercial real estate.  Contact our firm today at 602-899-8188 or schedule an initial consultation on our contact us page.

Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Gottlieb Law - Basics of Arizona Real Estate Contracts for Investors
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Arizona Real Estate Contracts for Investors: The Basics You Need to Know
Arizona Real Estate Contracts for Investors: The Basics You Need to Know 2560 1707 Gottlieb Law
Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

As a new real estate investor in Arizona, understanding the basics of real estate contracts is essential to ensure smooth and successful transactions. A well-drafted contract protects your interests and helps avoid potential disputes or legal issues down the road. In this article, we’ll discuss the fundamental elements of real estate contracts, key clauses to include, and important considerations for investors in Arizona.

While every real estate investor should have a solid understanding of the key components of real estate contracts, it is vital to work with an experienced real estate attorney and agent to make sure all your contracts are valid and enforceable.

Key Elements of a Real Estate Contract

A real estate contract is a legally binding agreement between a buyer and a seller, outlining the terms and conditions of a property transaction. While the specific requirements for real estate contracts may vary by state, the following elements are generally required for a contract to be valid:

  1. Offer and Acceptance: One party (the buyer) makes an offer, and the other party (the seller) accepts the offer. The acceptance must be clearly communicated between the buyer and seller.
  2. Consideration: The parties must exchange something of value, typically the purchase price, for the property being sold.
  3. Legal Capacity: Both parties must have the legal capacity to enter into a contract. They must be of legal age, mentally competent, and not under undue influence or duress.
  4. Lawful Purpose: The contract must have a lawful purpose, meaning it cannot involve illegal activities or violate public policy.
  5. Description of the Property: The contract must clearly describe the property being sold, including its location, boundaries, and any improvements or fixtures included in the sale.  It is generally good practice to include as much detail as possible about the property in a real estate purchase agreement.
  6. Signatures: Both parties must sign the contract.  While it might not always be required to be a valid contract, it is always a good idea to have the signatures notarized or witnessed in large purchases.

Essential Clauses in Real Estate Contracts

While the specific clauses in a real estate contract can vary depending on the transaction’s nature, several key provisions are critical for investors:

  1. Purchase Price and Terms: The contract should clearly state the purchase price, along with any terms or conditions related to financing, earnest money deposits, and the method of payment.
  2. Contingencies: Contingencies are conditions that must be satisfied before the transaction can proceed. Common contingencies include financing, inspections, appraisals, and the sale of the buyer’s current property. As an investor, you may also want to include a contingency related to obtaining satisfactory rental income or zoning approvals.
  3. Inspection and Due Diligence Period: The contract should outline the buyer’s right to inspect the property and conduct due diligence, such as reviewing title reports, zoning regulations, and environmental assessments. This period allows you to investigate any potential issues and negotiate repairs or price adjustments if necessary.
  4. Closing Date and Possession: The contract should specify the closing date, which is when the transfer of ownership occurs. It should also clarify when the buyer can take possession of the property and any provisions for early occupancy or leasebacks.
  5. Default and Remedies: The contract should outline the consequences if either party defaults on their obligations, such as the forfeiture of earnest money or the right to specific performance (forcing the sale to proceed). It should also provide remedies for resolving disputes, such as mediation, arbitration, or litigation.

Arizona-Specific Considerations for Real Estate Contracts

As an investor in Arizona, there are several state-specific considerations to keep in mind when understanding real estate contracts:

  1. Disclosure Requirements: Arizona law requires sellers to disclose any known material defects or facts that may affect the property’s value. As a buyer, you should carefully review the Seller’s Property Disclosure Statement (SPDS) and consider adding a contingency related to satisfactory disclosure review.  We covered real estate disclosure laws in Arizona and some of the key things that buyers and sellers need to know for any real estate transaction in a previous article here.
  2. Anti-Deficiency Legislation: Arizona has anti-deficiency laws that protect borrowers from being held personally liable for the difference between the outstanding loan amount and the property’s foreclosure sale price. However, these laws only apply to qualifying residential properties, so it’s essential to understand the extent of your liability when investing in commercial properties or non-qualifying residential properties.
  3. Arizona Residential Landlord and Tenant Act: If you plan to invest in rental properties, familiarize yourself with the Arizona Residential Landlord and Tenant Act, which governs the rights and responsibilities of landlords and tenants in residential rental agreements. Working with an Arizona real estate attorney to make sure that your lease agreements comply with these regulations is the best way to avoid potential disputes or legal issues down the road.
  4. Water Rights and Environmental Concerns: Arizona is a state with limited water resources, and as such, water rights can be a significant consideration when purchasing real estate. Ensure that you understand the water rights associated with the property and any restrictions or limitations on their use. Additionally, be aware of environmental concerns such as soil contamination, air quality, and endangered species that may impact your investment.  You can learn more about Arizona water laws and well share rights here.
  5. Title and Escrow Process: In Arizona, title and escrow companies typically handle the closing process, ensuring that all necessary documents are properly executed and recorded, and funds are disbursed according to the contract’s terms. As a buyer, it’s essential to select a reputable title and escrow company to protect your interests and ensure a smooth closing process.

Tips for New Real Estate Investors in Arizona

As a new investor, here are some additional tips to help you navigate the Arizona real estate market:

  1. Do Your Research: Before investing in a property, conduct thorough research on the local real estate market, property values, and rental rates. Consider working with a knowledgeable real estate agent who can help you identify promising investment opportunities.
  2. Build a Team of Professionals: Assemble a team of trusted professionals, including a real estate attorney, agent, accountant, property manager, and contractor, to assist you in various aspects of your investment journey. These experts can help you avoid costly mistakes and maximize your investment returns.  They can also help you properly assess whether potential properties are worth pursuing.
  3. Start Small and Learn from Experience: If you’re new to real estate investing, consider starting with a smaller, less complex property to gain experience and learn the ropes. As you become more comfortable with the process, you can gradually expand your portfolio and tackle more ambitious projects.
  4. Keep Emotions in Check: Real estate investing is a business, and it’s essential to approach it with a rational mindset. Avoid making decisions based on emotions, and instead, focus on the property’s potential returns and long-term value.
  5. Plan for the Unexpected: Real estate investing comes with inherent risks and uncertainties. Set aside an emergency fund to cover unexpected repairs, vacancies, or market downturns. This will help you weather any challenges and ensure the long-term success of your investments.

Find a Knowledgeable Attorney for Real Estate Contracts in Arizona

Understanding the basics of real estate contracts is crucial for new investors in Arizona. By familiarizing yourself with the essential elements of a contract, key clauses to include, and state-specific considerations, you can protect your interests and set yourself up for success. Remember that enlisting the help of a knowledgeable real estate attorney is invaluable in navigating the complexities of real estate contracts and ensuring that your investments are legally sound. With careful planning, research, and the right team of professionals, you can confidently embark on your real estate investment journey in Arizona.  The attorneys at Gottlieb Law represent real estate investors in Arizona and assist with research, due diligence, property analysis, deal structure, contract review and more.  Contact our firm today at 602-899-8188 to schedule an initial consultation or make an appointment on our contact us page.

Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Gottlieb Law - Guide to Eviction Process in Arizona
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Navigating the Legal Landscape: A Comprehensive Guide to the Eviction Process in Arizona
Navigating the Legal Landscape: A Comprehensive Guide to the Eviction Process in Arizona 2560 1707 Gottlieb Law
Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Eviction is the legal process where a landlord can terminate the lease of a tenant to regain possession of their rental property. Both landlords and tenants should take measures to understand how the eviction process works in Arizona before signing a lease. It’s important that landlords and tenants both understand the terms of the lease and agree to them before signing any legally binding contract. 

In this comprehensive guide, we will provide a step-by-step overview of the eviction process in Arizona, including the legal requirements for serving an eviction notice, the steps involved in the eviction process, defenses to eviction, what to expect during an eviction hearing, consequences of eviction, alternatives to eviction and when you should consider hiring an experienced real estate attorney. 

Introduction to the Eviction Process in Arizona

Eviction is a legal process that must be followed by landlords in Arizona. It is a complex process that can be difficult to understand, but we’ll explain how it works in this comprehensive guide, so you can better understand your rights and obligations. 

In Arizona, a landlord can only evict a tenant for specific reasons per ARS 33-1301-1381, such as failure to pay rent or violating a lease agreement. A tenant must be served with a written notice to begin the eviction process.

When a tenant fails to tender rent to the landlord, the landlord can legally serve them with a notice and provide 5 days to pay the rent, unless the lease prescribes a longer time-period. The notice has to specify the reasons for it being served alongside the amount past due to bring the lease current. When the tenant doesn’t vacate the property or pay the monies due, the landlord can file a legal eviction action in court. 

The Legal Requirements for Serving an Eviction Notice

Arizona landlords must follow specific legal requirements when serving an eviction notice. The notice must be in writing and must include specific information, such as the amount of rent owed, the date it is due, and the consequences of failing to pay or move out. 

The statute provides that the landlord must give the tenant written notice that rent is unpaid, and that the rental agreement will terminate if rent is not paid in 5 days. ARS § 33-1368(B). 

The notice must also be served in a specific manner, such as by hand-delivering it to the tenant. When a landlord fails to follow the proper legal procedures for eviction, it can delay the process or even result in a dismissal. 

The Steps Involved in the Eviction Process

The eviction process in Arizona involves several steps. After the landlord serves the tenant with a written notice, the landlord can file a complaint for forcible entry and detainer with the court. Once the eviction complaint has been received, the court will move forward by scheduling a hearing, where both parties — the tenant and the landlord — will have the chance to present and argue the merits of their case to the court. 

A writ of restitution will be issued by the court if it finds in favor of the landlord, per A.R.S. § 12-1181. This writ gives the landlord permission to regain possession of the rental property. The landlord must then coordinate with the local sheriff’s office to have the tenant removed from the property.

Defenses to Eviction in Arizona

In Arizona, a tenant has the right to defend themselves against eviction using different legal methods. A common defense used is in proving that the landlord didn’t follow the proper legal procedures, and or, that the lease was violated by the landlord and the tenant has a right to cure said breach. 

When a tenant is able to present a viable defense, a court might be inclined to deny the eviction process outright or delay it. It’s very important that any tenant facing eviction fully understands their rights, and that they seek qualified legal counsel. 

What to Expect During an Eviction Hearing

During an eviction hearing, the landlord and tenant will have an opportunity to present their case to the court. The court will review the evidence and make a decision based on the facts presented.

If the court rules in favor of the landlord, the tenant must vacate the rental property within a specified timeframe, or the landlord will eventually invoke the writ of restitution, forcibly removing the tenant and allowing the landlord to regain possession of the rental property.

The Consequences of Evictions

Eviction can have serious consequences for both landlords and tenants. For landlords, eviction can result in lost rental income, legal fees, and damage to the rental property. For tenants, eviction can result in homelessness, damaged credit, and difficulty finding future housing.

This is why it’s imperative that both landlords and tenants fully understand the consequences of eviction and to explore alternative options, such as mediation or payment plans, before pursuing eviction.

Alternatives to Eviction in Arizona

In Arizona, there are several alternatives to eviction that landlords and tenants can explore. Mediation is a process in which a neutral third party helps the landlord and tenant reach an agreement. Payment plans allow tenants to pay back rent over time, rather than facing immediate eviction.

This is why landlords and tenants are encouraged by the courts to explore all possible alternatives to eviction before pursuing the eviction process. Eviction should only be used as a last resort.

Hiring an Eviction Attorney in Arizona

If you are a landlord or tenant facing eviction in Arizona, you’re going to want to seek legal advice. An experienced eviction attorney can help you understand your rights and obligations and can represent you in court.

When hiring an eviction attorney, it’s best to choose someone who is knowledgeable about Arizona eviction law and who has a track record of success in eviction cases.

Gottlieb Law has significant experiences with the challenges of terminating a rental agreement in Arizona. Our firm can help you determine if you have a qualifying cause under state law and pursue the process in court and with law enforcement, if necessary. Contact us today at 602-899-8188 to schedule an initial consultation or make an appointment online.

Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Gottlieb Law - Creative Financing Options for Buying Investment Real Estate
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Get the Deal Done with Creative Finance Options for Investment Properties
Get the Deal Done with Creative Finance Options for Investment Properties 1773 1182 Gottlieb Law
Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Most people are familiar with the traditional financing process for buying a property.  Apply for a loan with a mortgage lender, get approved and use the qualification letter to go through the process of buying a property.  The problem for investors is that it can be difficult to obtain traditional financing for investment properties.  While there are some options, many investors will need to be familiar with creative financing options if they want to expand their investment portfolio without using all of their own savings on deals.  Here are some of the most important things to understand about using creative finance options for investment properties. 

Hire Professionals to Assess and Manage Risks

Before utilizing any creative financing options to purchase real estate, it is important to understand all investments have risk and each individual should review the property and potential financing options with qualified professionals, like financial advisors, real estate attorneys, accountants, real estate agents, mortgage brokers and experienced real estate investors, that can help assess whether you should proceed with the deal.  With creative financing, there are risks in the investment itself and the structure or contract used to secure that particular financing option.  It is vital to work with a team of experienced real estate professionals if you want to have the best chance at growing a long term portfolio of investment real estate.

Understanding Creative Financing Options

There are a few key categories of creative financing options beyond traditional mortgages available to those looking to purchase investment real estate. These include seller financing, hard money lenders, partnerships, lease options, and seller take-back mortgages. Private money lenders are another option, typically individuals or small organizations that are willing to loan you money for a property. Hard money lenders are more expensive, but often work with borrowers with less-than-perfect credit. Each of these options come with their own set of pros and cons, and it’s important to understand the details of each before making a decision. With the right financing option, you can purchase the property you need to grow your wealth.

There are many creative financing options available to purchase investment real estate and these are just a few of the more popular options.  Here is a brief overview of different creative financing options that can be utilized by real estate investors:

  1. Seller Financing: The seller effectively becomes the mortgage lender to the buyer.  The buyer agrees to a purchase price, length of mortgage term, interest rate and monthly payment on the home.  This option can be more attractive to sellers when interest rates are high.  While seller financing is common, buyers and sellers should consult with an experienced real estate attorney and accountant to structure a contract that accomplishes the agreed upon terms and provides ample protection for their interests.
  2. Hard Money Lenders: These private lenders are typically used for short term financing, commonly used by investors looking to fix-and-flip a property.  They can also be used to secure a property if you have vetted plans to restructure the ownership after closing.
  3. Partnerships:  There are many experienced real estate investors looking to partner on residential and commercial real estate investments.  Building a network of active investors and keeping track of their preferred investments can provide lots of ways to finance a real estate purchase.  This can be a great way to get started for people without the resources to buy their own investment property and can provide a great education on evaluating potential investments and closing deals.
  4. Home Equity Lines of Credit (HELOC) or Retirement Accounts: It is common for people that own a home to use a line of credit from their equity to purchase investment real estate.  Many people also use their self-directed IRA or 401(k) to invest in real estate.  Just make sure that you understand these methods put your home and retirement savings at risk if there are issues with the investment property.  It is more important than ever to have a professional team representing your interests if you are pursuing these financing options for investment real estate.

Benefits of Creative Financing 

While we have explained and continued to stress there are risks, there is no doubt that creative financing has helped many investors get more deals done. For starters, many creative financing options require a lower down payment than traditional financing, making it easier for investors to get into a property. Some creative financing options can come with lower interest rates, making it easier to manage the cost of financing. Furthermore, the qualification requirements for these financing options are often simpler and more flexible than traditional financing, providing potential buyers with more options. The closing process for these financing options can also be much quicker than traditional financing, allowing buyers to get into their investment property in a timely manner.  Many experienced investors use traditional and creative financing options to fund their investments and projects.  Experienced investors generally understand that creative financing can be another valuable tool for them to use when it benefits them most and can be structured to adequately protect their financial interests.

Drawbacks of Creative Financing 

When it comes to purchasing investment real estate, there are many creative financing options available. However, these options can come with drawbacks. For example, repayment terms can be shorter, and only certain types of property may qualify. It is important to weigh the pros and cons of each available financing option to determine the best fit for your individual investment goals. Additionally, it is always wise to enlist a financial advisor to help you navigate the various creative financing options, as well as the associated risks and costs. Ultimately, creative financing has been used successfully by many investors to get into the investment property market, but it is important to do your research and consider all of the potential drawbacks with experienced real estate professionals representing your interests.

Work with an Experienced Real Estate Attorney for Creative Financing

When it comes to purchasing investment real estate, there are a variety of creative financing options that can be utilized to get investment deals done. From seller financing and home equity loans to hard money or private money loans, each financing option has its own benefits and drawbacks. Seller financing, for example, can potentially provide more favorable terms, but it also requires that the seller is willing and able to offer such terms. On the other hand, home equity loans and lines of credit can be easier to secure, but they typically have higher interest rates and additional risks in the event of a default. Hard money and private money loans are more expensive and require more time and effort to acquire, but they can offer more flexibility once secured. Ultimately, each financing option has its own advantages and disadvantages, and it is important for potential investors to understand the different options so that they can make an educated decision about which one best suits their needs.  

At Gottlieb Law, we can help real estate investors with every aspect of finding and securing investment real estate.  Our experienced real estate attorneys can also assist with reviewing potential financing structures and contracts to minimize risks.  Contact our firm today at 602-899-8188 to schedule an initial consultation or make an appointment on the contact us page of our website.

Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Gottlieb Law - How Technology is Transforming Commercial Real Estate Industry
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How Technology is Transforming the Commercial Real Estate Industry
How Technology is Transforming the Commercial Real Estate Industry 1772 1183 Gottlieb Law
Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

The commercial real estate industry has long been associated with traditional, manual processes and procedures. However, in recent years, technology has been rapidly transforming the way that commercial real estate is developed, marketed and managed. From the use of proprietary software to the deployment of robotics, technology is revolutionizing the commercial real estate industry, offering new opportunities for efficiency, sustainability, and profitability.

In this article, we will explore the impact of technology on commercial real estate and look at some of the latest trends and innovations that are driving this transformation.

3D Digital Twins Reduce Costs and Increase Automation

The use of 3D digital twins (immersive, interactive digital version of properties) is becoming more prevalent in the real estate market as they evolve from technical tools to commercial assets. In 2023 and beyond, the industry will witness an increased competitiveness among digital twin providers as they develop and integrate new technologies, like artificial intelligence, virtual reality and augmented reality based features.

The growth of 3D digital twins is expected to reduce costs and increase automation because they offer better graphics and gamification elements than 3D tours and, therefore, cut down the time spent on due diligence and negotiations. Digital twins will also be used as an integrated administrative tool, providing tenants with easy-to-use features such as booking a meeting room (from the digital twin) or joining a virtual office.

Furthermore, digital twins will play a vital role in meeting the new expectations of customers and the future generation of workers, such as providing flexibility and accommodating digital nomad visas. Lastly, digital twins will contribute to Environmental, Social, and Governance (ESG) initiatives by reducing carbon dioxide emissions resulting from travel and printing materials.

Building Information Modelling Software Enables Better Project Management

Building Information Modelling (BIM) software is a powerful tool used by architects, engineers, construction professionals and property developers to create detailed digital models of buildings and infrastructure. BIM software allows these professionals to collaborate more effectively and efficiently, by sharing a single digital model of a building project that can be used by all stakeholders throughout the entire lifecycle of the project. 

For starters, BIM software allows users to create detailed 3D models of buildings that can be visualized from all angles. This helps identify design issues and clashes (plus cost estimates) before construction begins, reducing the risk of errors and delays during construction. Multiple users can then work on the models simultaneously, so there is a reduced chance of error and fewer misunderstandings. During development, the software allows users to manage the project’s lifecycle and ensure stakeholders have real-time information. 

Finally, BIM software also helps developers create sustainable building designs by allowing users to model the environmental impact of different design choices and optimize building performance for energy efficiency, water conservation and other sustainability metrics.

Drones and Robots Perform Dangerous, Difficult and Time-Consuming Tasks

Drones and robots are playing an increasingly important role in the construction industry, allowing developers, engineers, and contractors to perform tasks more efficiently and safely. Drones are commonly used for site surveys, providing high-resolution aerial images and data that can be used for mapping, measurement, and topographic analysis. This data can be used to create accurate 3D models of the construction site, which can help to optimize the design and planning of the project.

Robots are also being used in construction, particularly in tasks that are dangerous or repetitive. In particular, robots can be used for demolition, excavation, and heavy lifting, reducing the risk of accidents and injury for human workers. Robots are also being used for tasks like bricklaying, concrete pouring, and welding, improving speed and accuracy while reducing labor costs.

Drones and robots in construction enable users to collect and analyze large amounts of data quickly and accurately, which can then be used to optimize construction processes, reduce waste, improve safety, and increase efficiency.  For example, by using drones to survey a construction site, contractors can identify potential hazards and optimize the placement of materials and equipment, reducing the risk of accidents and delays. And the cost reduction is undeniable — robots can generally perform tasks more quickly and accurately than human workers, and drones can monitor construction progress, reducing the need for human supervisors and saving time and money.

Technology Simplifies Property Management

There’s a whole host of technology that is transforming the way that commercial properties are managed, making it easier and more efficient to monitor building performance, provide tenant services, and optimize building systems. 

Internet of things (IoT) sensors, to name one example, are being used to collect data on everything from energy usage to air quality and occupancy rates. Commercial real estate investors can then use this data to optimize building performance, reducing energy costs and improving tenant comfort and safety. Property owners also use Building Automation Systems (BAS) to control and monitor building systems, such as HVAC, lighting, and security, from a centralized platform — which can also provide guidance on how to enhance the tenant experience.

Another way to leverage technology, predictive maintenance uses data analytics to identify potential maintenance issues before they become major problems. This can reduce repair costs and downtime, while also extending the lifespan of building systems and equipment.

Find an Experienced Commercial Real Estate Attorney

As technology continues to advance, we can expect to see even greater innovations and improvements in the development, marketing and management of commercial real estate properties. Investors should partner with an experienced real estate attorney who is familiar with the latest technology and how it can impact their investments if they are looking for simple ways to improve their commercial real estate business.  Gottlieb Law provides industry-leading legal representation for anyone involved in Arizona commercial real estate.  Contact our firm today at 602-899-8188 or schedule an initial consultation on our contact us page.

Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Gottlieb Law - Understanding Commercial Real Estate Law in Arizona
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Growing and Protecting Your Portfolio: Understanding the Complexities of Commercial Real Estate Law in Arizona
Growing and Protecting Your Portfolio: Understanding the Complexities of Commercial Real Estate Law in Arizona 1773 1182 Gottlieb Law
Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Commercial real estate in Arizona can be a lucrative investment, but navigating the legal landscape can be challenging. There are a number of laws and regulations that property owners and tenants must follow, which govern everything from zoning and building codes to tenant rights and environmental regulations. It is important to understand these laws to avoid legal disputes, ensure compliance, and protect your portfolio.  That being said, the law takes a relatively “hands-off” approach to commercial real estate, assuming that commercial real estate investors, landlords, and tenants are sophisticated parties. 

In this guide, we will provide an overview of some of the key commercial real estate laws in Arizona that property owners and tenants need to know. Whether you are a landlord, tenant, or real estate investor, this information can help you maneuver the legal complexities of commercial real estate in Arizona. 

Lease Agreement

The lease agreements executed with tenants is the key, operative legal document that must be reviewed carefully.  The lease agreement will generally contain provisions relating to the security deposit, intended use of property by the tenant, commencement date, rental rate, length of tenancy, rights of renewal, maintenance obligations of the tenant and landlord, insurance, default, and remedies.  

Property owners and real estate developers in Arizona should work with an experienced real estate attorney to ensure any leases signed before a project’s completion are realistic and attainable and contain necessary provisions.

Right to Quiet Enjoyment

Many commercial leases have provisions pertaining to the right of quiet enjoyment, which in Arizona is a legal principle that protects tenants from having their peaceful enjoyment of the property disturbed by their landlord or anyone else who might interfere with their use and enjoyment of the property. If a landlord violates a tenant’s right to quiet enjoyment, the tenant may be able to take legal action against the landlord.  It’s important to note that the right to quiet enjoyment is not absolute and may be limited in certain circumstances, such as when the landlord needs to enter the property to make repairs or address an emergency situation.

Subleasing Commercial Property in Arizona

Commercial tenants in Arizona can typically sublease or assign their lease to another party, unless expressly prohibited by the landlord in their lease agreement. The landlord should be aware of this right and the lease should contain provisions protecting the landlord’s interests if the landlord does not want the property subleased.  

The addition of a clause requiring landlord approval for any sublease or assignment can give the landlord peace of mind and keep the decision in their hands. While most landlords may prefer to have a tenant through subletting or assignment rather than no tenant at all, it is important to be aware of this right and take the necessary steps to protect their property and interests.

Arizona Commercial Evictions

Regrettably, those who have owned or invested in property may have encountered tenants who have not fulfilled their obligation of paying rent. In such cases, landlords should review their lease to determine if a lockout is permissible, and if so, ensure they adhere to the necessary protocol. According to state law, and if not provided any further rights in the lease agreement, tenants have a period of five days to pay rent once due, and upon the expiration of that timeframe, the landlord may lawfully enter and regain possession of the premises, in accordance with A.R.S. § 33-361.

In the event that the landlord takes possession of the premises, it shall possess a lien on all of the tenant’s personal property and may hold it as a means of demanding payment.  The landlord generally provides notification prior to a lockout or sale taking place, and the majority of lease agreements necessitate notification. 

Landlords should consider each situation on a case-by-case basis and may want to seek advice from an experienced commercial real estate attorney.

Find an Experienced Arizona Real Estate Attorney

These are just a few of the main commercial real estate laws in Arizona that property owners should be aware of. It is important to consult with a qualified attorney to ensure compliance with all applicable laws and regulations.

The attorneys at Gottlieb Law have provided industry-leading legal representation to our clients in all things real estate law in Arizona. We work with individuals and businesses on everything from their first home purchase to complex development projects.  Contact our firm today at 602-899-8188 to schedule an initial consultation or make an appointment on our contact us page.

Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Gottlieb Law - Common Legal Disputes for Arizona Homeowners
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Common Legal Disputes for Arizona Homeowners: Navigating Boundary Disputes and HOA Conflicts
Common Legal Disputes for Arizona Homeowners: Navigating Boundary Disputes and HOA Conflicts 1773 1182 Gottlieb Law
Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Owning a home can bring with it a variety of legal issues, including boundary disputes, homeowner association conflicts, and even construction defects. Boundary disputes involve disagreements over the legal boundaries between two or more properties, and HOA conflicts are disagreements between a homeowner or homeowners and/or their community association. These disputes can be complex and costly, especially if they are not handled properly from the first sign of a potential legal dispute. To help navigate these issues, it’s important for Arizona homeowners to understand the basics of the legal system and the specific laws related to boundary disputes, HOA conflicts and other common legal disputes. 

In Arizona, boundary disputes are typically resolved by reviewing a survey or the property description set forth in the recorded deed.  Meanwhile, HOAs are governed by applicable governing documents and state laws. Understanding these laws can help ensure that both parties understand their rights and obligations and can often help them resolve their disputes without the need for legal action. 

It’s also important for Arizona homeowners to be aware of the potential consequences of boundary disputes and HOA conflicts. Depending on the situation, these disputes can have significant financial implications and may even result in long-term damage to relationships between neighbors or between homeowners and their associations. Understanding the legal system and the laws and provisions that apply to boundary disputes and HOA conflicts can help homeowners avoid costly and drawn-out legal disputes, and can help ensure that all parties involved are better able to reach a resolution. 

Arizona homeowners should be aware of the legal issues associated with boundary disputes, HOA conflicts and some other common legal disputes. One of the best ways to avoid unnecessarily drawn out legal matters is to hire an experienced real estate attorney at the first sign of a potential legal dispute.  They can help review the matter, determine your rights and work towards a fair resolution.

Property Boundary Disputes in Arizona

Boundary disputes are common legal issues that Arizona homeowners must be aware of. A boundary dispute is a disagreement between two or more parties over the property line or lines of a given piece of land. These disputes can arise when a homeowner believes that their neighbor has crossed the property line and encroached upon his or her land, or when two neighboring homeowners disagree about the location of the property line. Common causes of boundary disputes include unclear descriptions in deeds or other documents, incorrect survey results, and an incorrect assumption of the property line by homeowners. It is important for Arizona homeowners to know how to handle a boundary dispute if one arises. The first step is to try and resolve the dispute informally with the neighboring homeowner. If that does not work, there are steps that can be taken to resolve the dispute legally, such as filing a complaint in court, hiring a professional surveyor, and/or seeking mediation or arbitration. Knowing how to navigate a boundary dispute is important for Arizona homeowners to ensure that their property rights are protected.

If you are facing any type of boundary dispute, start by making sure you have evidence of the proper boundary lines.  The first place to review is the property deed.  It should provide the legal description of the property in question. Bringing the legal description of the property boundary to your neighbor’s attention may enable you and them to work out the issue amicably, without needing to resort to the legal process. By referencing both of the property deeds, you may be able to settle the matter with the facts.

In many cases of disagreement over a boundary, it can help to point to the facts presented on the deed and discuss the other party’s goals.  Maybe selling some of your land or coming to an agreement on an easement will allow your neighbor to accomplish their goal, while fairly compensating you.  If a straightforward discussion of the facts does not resolve the matter, then it is important to understand that you will likely need the representation of a real estate attorney with significant experience in boundary disputes.  In all cases, it is important to consult with qualified counsel before taking action, to confirm your legal rights.

Arizona HOA Conflicts

HOA conflicts are another common legal issue that Arizona homeowners can face. An HOA conflict is a disagreement between a homeowner and their homeowners association, typically regarding the rules and regulations of the HOA. Common causes of HOA conflicts include disagreements about the enforcement of HOA rules, disputes over the payment of dues or assessments, and violations of the HOA’s covenants, conditions and restrictions. It is important for Arizona homeowners to know how to handle an HOA conflict if one arises. 

The first step is to try and resolve the dispute informally with the board of directors of the HOA.  This can be as simple as presenting your case to board members you know and, if necessary, scheduling a review of the matter.  Make sure you are prepared with facts and evidence that backup your side of the issue.  Generally, just being unhappy with a ruling or action by the association is unlikely to get it changed.  You will want to point out rules or regulations that support your position or detail how the rules were too vague. 

If that does not work, there are steps that can be taken to resolve the dispute legally, such as filing a complaint in court and/or seeking mediation or arbitration. Knowing how to navigate an HOA conflict is important for Arizona homeowners to ensure that they are protected from any unfair or illegal actions taken by the HOA.  These actions should not be taken lightly.  Before proceeding with any legal action against your HOA, it is essential to review the matter with an experienced real estate attorney that can determine if your matter has legal standing and merit.  An attorney can help assess the best course of action and help draft a complaint if needed.

Construction Defects and Other Common Legal Issues 

In addition to boundary disputes and HOA conflicts, Arizona homeowners may face other common legal issues. These can include construction defects, deed restriction disputes and more. When faced with any of these issues, it is important that homeowners understand their legal rights and take the necessary steps to protect themselves. 

Common causes of other legal issues may include poor construction quality, faulty building materials, a lack of proper building permits, or a failure to properly maintain the property. It is important for homeowners to be aware of the standards of care that are expected to keep their properties safe and in good condition. 

If homeowners find themselves in a dispute with a contractor or other party, it is understandable to attempt to resolve the matter with a direct conversation with the contractor or responsible party.  For any serious construction defects or issues with your property, homeowners should consult with a qualified attorney who can advise them on their legal rights and provide guidance on how to proceed. The attorney can also help to negotiate a settlement or represent the homeowner in court if necessary.  Many times, there can be issues that go beyond the first visible signs.  You want to work with professionals that can accurately assess the full extent of any defects and help determine what is necessary to completely resolve the matter. 

No matter what legal issue Arizona homeowners may face, it is important to be aware of their rights and take the necessary steps to protect themselves. By understanding the legal issues they may face, they can be better prepared to navigate any potential disputes or conflicts.

The Value of Having the Best Real Estate Attorney

It is essential for Arizona homeowners to be aware of the common legal disputes that may arise, such as boundary disputes and HOA conflicts. Boundary disputes involve disagreement between two or more property owners about the exact location of a property line. These disputes can arise from a variety of sources, such as a lack of an accurate survey of the property, unclear language in a deed, or an error in a legal description. HOA conflicts can arise when a homeowner fails to comply with the rules and regulations of the HOA, such as failing to pay dues or making unauthorized alterations to the property. Both of these disputes can have serious legal and financial consequences, so it is important to understand how to handle them.

Many homeowners face their first legal dispute completely unprepared and they end up spending more time and money on the issue than needed.  Having great representation from an experienced real estate attorney can help homeowners resolve common legal disputes before they become a major issue.  The attorneys at Gottlieb Law have provided clients with exceptional legal representation on all types of real estate matters from common disputes to complex transactions.  Contact our firm today at 602-899-8188 to schedule an initial consultation or make an appointment on our contact us page.

Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Gottlieb Law - 5 Major Benefits of a Great Real Estate Lawyer for Arizona Real Estate Investors
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5 Major Benefits of a Great Real Estate Lawyer for Arizona Investors
5 Major Benefits of a Great Real Estate Lawyer for Arizona Investors 2560 1707 Gottlieb Law
Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Whether you are looking to buy your first investment property or you are a veteran real estate investor, there are many complications and nuances to successful real estate investments.  Missing an important detail or misunderstanding local regulations can make the difference between making savvy investments and dealing with a nightmare transaction. Great real estate lawyers are experienced and knowledgeable on all things involved in real estate transactions. They are trained to advise clients on their rights, obligations, and legal options in all matters related to real estate transactions. Great lawyers can help advise throughout the process and make sure you are considering all the key details of every transaction.  A great real estate lawyer can provide many substantial benefits to real estate investors and anyone involved in the real estate industry.  Here are the top 5 major benefits of a great real estate lawyer in Arizona for real estate investors.  

Benefit #1: Knowledge of Local Laws and Regulations 

The first benefit of hiring a great real estate lawyer is that they can help investors understand the legal complexities of real estate transactions. A great real estate lawyer will be able to explain the legal implications of a potential transaction, ensuring that the investor understands their rights and obligations. They will also be able to provide advice and guidance when it comes to negotiating contracts and other legal documents, such as leases and mortgages.

One of the biggest advantages of working with a knowledgeable and experienced real estate lawyer is the understanding they have of Arizona’s real estate laws. From zoning laws to easement laws and other important laws impacting real estate, they can provide guidance on the legal aspects of owning and investing in property. These laws can be complex and are constantly changing, which is why having an experienced lawyer that focuses on these details on your side is so important. They can help make sure you are compliant with the local regulations and can assess potential risks and liabilities. Not only can they advise on the best strategies for managing those risks, but they can also provide guidance on how to avoid them in the first place.

Experienced real estate lawyers can help investors navigate the zoning and zoning restrictions of a particular area. A great real estate lawyer will be able to explain the zoning regulations of a particular area and advise the investor on how to navigate them. This can help the investor avoid costly mistakes and delays when it comes to purchasing or selling a property.

Benefit #2: Negotiating Contracts  

Having a great real estate lawyer in Arizona can provide many benefits for real estate investors. In particular, a great real estate lawyer can help with negotiating contracts. They can draft and review contracts, negotiate terms and conditions, and ensure compliance with disclosures. This can be incredibly beneficial for real estate investors, as it allows them to have a professional review the contract to make sure all terms and conditions are in their best interests. Additionally, a real estate lawyer can help negotiate with the other party to make sure that the terms of the contract are fair and equitable to both parties. Furthermore, they can make sure that all disclosures are properly made and that all parties are aware of their rights and obligations. All of these benefits can help real estate investors make sure that their investments are secure and that their rights are protected.

Another benefit of hiring a great real estate lawyer to assist with contract negotiation is that they can help protect an investor from potential liability. A real estate lawyer can review the transaction and associated contracts to ensure they are legally sound and advise the investor on potential risks. They can also help the investor protect their interests in the event of a dispute or lawsuit.

Benefit #3: Representation in Court 

Having a great real estate lawyer on your side is essential when it comes to representing you in court proceedings. This could be especially beneficial for real estate investors, as they may face legal disputes from time to time. An experienced real estate lawyer in Arizona can provide representation in disputes, as well as during mediation or arbitration that may arise. This can help to ensure that your interests are being looked after and that your rights are being respected. Furthermore, real estate investors will need an experienced lawyer with representation in court, should any dispute escalate to that stage. This can be especially important, as the court system can be difficult to navigate and understand. Having a legal professional on your side can help to ensure that you are abiding by the law and that you are being represented properly. This can provide a great sense of security and reassurance to real estate investors as they look to grow their portfolio and manage many properties.

Benefit #4: Representation in Transactions

Having a great real estate lawyer in Arizona by your side during transactions can be a major benefit for real estate investors. Your lawyer can assist you in negotiations to ensure that your interests are protected and that the deal is fair and reasonable. During the closing process, your lawyer will review all the documents to make sure the terms of the agreement are being adhered to and that all the key details are in order.  They will also help you with any title and escrow issues that may arise. Title issues can be complex, and your lawyer can help you navigate the process and identify any potential issues so they can be resolved in a timely manner. Having a lawyer with experience in real estate transactions in Arizona can be invaluable and can help you protect your interests throughout the entire process.

While some matters will require an experienced accountant or financial advisor, a great real estate lawyer can also help explain the various implications of a potential transaction.  Following sound strategies for growing your wealth to your advantage obviously provides the best opportunity to be a successful real estate investor in the long run.

Benefit #5: Professional Advice 

Having a great real estate lawyer can provide professional advice that can be invaluable to real estate investors. Not only can they provide advice on complex matters, they can also give access to professional networks that can further their client’s goals. Moreover, a great real estate lawyer can provide guidance on business strategies that can benefit the investor in the long run. For example, an Arizona real estate lawyer can assist in the process of renegotiating a lease agreement. Having access to a professional network can open up opportunities for an investor to find the best deals on both residential and commercial properties as well. 

Furthermore, a great real estate lawyer can provide advice on strategies to maximize the value of their investments, such as researching market trends, developing marketing plans, and analyzing potential investments. Arizona real estate lawyers can also provide guidance on how to navigate complex legal issues, such as zoning restrictions, easements, and construction regulations. Ultimately, having a great real estate lawyer on your side can help you maximize the value of your investments and achieve your goals.

Finding the Best Real Estate Lawyer in Arizona for Your Needs

While each real estate investor will certainly need to figure out how involved they would like their real estate attorney to be in their transactions, it should be clear to every investor that they need to have a great real estate attorney as part of their team.  Even the most savvy and experienced investors know that having expert representation to review deals and contracts can help avoid common pitfalls and mistakes.  The attorneys at Gottlieb Law have provided industry-leading legal representation to our clients in all things real estate law in Arizona.  We work with individuals and businesses on everything from their first home purchase to complex development projects.  Contact our firm today at 602-899-8188 to schedule an initial consultation or make an appointment on our contact us page.

Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Gottlieb Law - Resolving Landlord Tenant Disputes in Arizona
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Resolving Disputes Between Landlords and Tenants in Arizona
Resolving Disputes Between Landlords and Tenants in Arizona 1773 1182 Gottlieb Law
Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Residential landlords and tenants may have disputes for a variety of reasons, including issues with the property, the terms of the lease or disagreements about repairs and maintenance. Some common issues that can lead to disputes include non-payment of rent, unauthorized subletting, damage to the property, disagreements over security deposits and other situations. These disputes can arise due to lack of understanding or communication, or due to a lack of trust.

Regardless of why disputes arise, landlords and tenants in Arizona should understand their rights and tread carefully as they look for an appropriate resolution. It is always wise to consult an experienced real estate attorney when navigating any type of controversy with potential legal consequences. In the meantime, this is what Arizona landlords and renters need to know about resolving disputes.

Common Disputes Between Landlords and Tenants

In Arizona, some common disputes between landlords and tenants include issues with rent payments, property damage and violations of lease agreements.

One common issue is non-payment of rent. This can occur when a tenant falls behind on their rent payments, and the landlord may choose to evict the tenant as a result. A.R.S. § 33-1368(B) states that landlords must provide notice to the tenant that rent is late, and the tenant has five days to pay the rent and any applicable late fees as per the terms of the lease. Only after the final day of notice can the landlord file an eviction action if the tenant still has not paid.

Another common dispute is over property damage. Landlords may dispute with tenants over damages caused to the property during the tenant’s occupancy, and may deduct the cost of repairs from the tenant’s security deposit. However, per A.R.S. § 33-1363, landlords who do not address necessary repairs in a timely manner may be required to pay a licensed contractor for work done on the property. A related issue is with security deposit disputes — tenants may dispute the deductions taken by landlords from the deposit, claiming the damages were pre-existing or that the landlord did not properly document the damages.

Violations of lease agreements is also a common reason landlords and tenants quarrel. Tenants may violate the terms of the lease by subletting the property without permission or having unauthorized occupants, or by keeping pets in a pet-free property. Landlords may take action to evict the tenant or impose penalties as a result.

Lastly, disputes over maintenance and repairs are incredibly common. Landlords may neglect to make necessary repairs to the property, or may delay repairs, leading to disputes with tenants.

Landlord Rights in Arizona

As a landlord in Arizona, you have several rights, including but not limited to the following:

  •       The right to collect rent: Landlords have the right to collect rent from your tenants according to the terms of the lease agreement.
  •     The right to access the property: Landlords have the right to access the property for the purpose of inspection, maintenance, or repair, but must give the tenant reasonable  (typically two days) notice before entering the property.
  •       The right to evict tenants: Landlords have the right to evict tenants in violations of the lease agreement terms or fail to pay their full rent. However, they must follow the proper legal procedures for eviction.
  •       The right to retain a security deposit: Landlords have the right to retain a security deposit to cover any damages caused by the tenant or unpaid rent. Keep in mind, the landlord must create a detailed and itemized list of all deductions and promptly provide it to the tenant.
  •       The right to set and increase rent: Landlords have the right to set the rent for the property and increase it as long as it’s done in accordance with the state laws and any lease agreements.
  •       The right to terminate the lease: Landlords have the right to terminate a lease agreement if the tenant violates the terms of the lease or for other reasons as stated in the lease agreement.

It is important to note that all these rights must be exercised within the framework of state laws and regulations, and it is always advisable to seek legal advice before taking any action.

Tenant Rights in Arizona

Residential tenants in Arizona also have their own set of rights detailed in the Arizona Residential Landlord and Tenant Act, including the following:

  •       The right to a safe and livable space: Tenants have the right to live in a property that is safe and in good working order. Your landlord is responsible for making sure that the property is free from hazards and that any necessary repairs are made in a timely manner.
  •       The right to privacy: Tenants have the right to privacy in your rental unit. Your landlord must give you reasonable notice before entering your unit and can only enter for specific reasons, such as emergency repairs or inspections.
  •       The right to a fair and timely return of your security deposit: Tenants have the right to a fair and timely return of your security deposit. Your landlord must return your deposit within 14 days after you move out, unless deductions were made for unpaid rent or damages.
  •       The right to pursue legal action against your landlord: If your landlord violates your rights, tenants have the right to pursue legal action against them to resolve the dispute. This can include filing a complaint with a government agency or filing a lawsuit.
  •       The right to be protected from discrimination: Tenants have the right to be protected from discrimination on the basis of race, color, religion, sex, familial status, national origin, or disability.
  •       The right to quiet enjoyment: Tenants have the right to quiet enjoyment of the rental property, free from undue disturbance from the landlord or other tenants.

It is important to note that all these rights must be exercised within the framework of state laws and regulations, and it is always advisable to seek legal advice before taking any action.

How to Resolve Disputes Between Landlords and Tenants

It’s best to try resolving disputes between landlords and tenants in Arizona without going to court, but legal counsel may be necessary if disputes cannot be easily mediated. Reasons for disputes between landlords and tenants can vary, but having the assistance of an experienced real estate attorney can help settle disagreements fairly and efficiently.  The attorneys at Gottlieb Law are well-versed in landlord and tenant disputes in Arizona.  We can quickly review your dispute and help guide you to a resolution.  Contact our firm today at 602-899-8188 to schedule an initial consultation on your dispute or make an appointment on our contact us page.

Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Gottlieb Law - Impact of Zoning and Land Use Laws on Real Estate Investing
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The Impact of Zoning and Land Use Laws on Real Estate Investing in Arizona
The Impact of Zoning and Land Use Laws on Real Estate Investing in Arizona 1773 1182 Gottlieb Law
Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

For real estate investors in Arizona, understanding local zoning and land use laws is crucial for avoiding costly errors and being able to use property for its intended purpose. Zoning and land use laws regulate the types of activities that can take place in different areas of a city or town, and they can have a significant impact on real estate investing. In Arizona, these laws are generally established and enforced by local governments, such as cities or towns, which means investors must do their due diligence whether their desired property is in the Valley or beyond.

Zoning Laws in Arizona

Zoning laws in Arizona divide a city or town into different zones, each of which is designated for a specific type of use, such as residential, commercial, industrial or sometimes mixed use zones. The specific types of activities allowed in each zone (how property can be used, what can be built on it, and where and how it can be built) are typically set forth in the local government’s zoning code or land use plan.

In Arizona, state law provides a framework for local governments to establish and administer their own zoning and land use regulations, meaning cities and towns have the power to regulate the use of land within their boundaries.

Specifically, the Zoning Enabling Act, found in A.R.S. 9-462, sets forth the general principles and procedures that local governments must follow when establishing and enforcing zoning regulations. This statute provides that local governments may adopt zoning ordinances that regulate the use, height, bulk, location, and density of buildings and structures within their boundaries, as well as the use of land for other purposes.

Another important statute to note is related to Arizona subdivision laws, A.R.S. 32-2181. This statute regulates the division of land into smaller parcels, such as for residential or commercial development, and requires developers to submit plans for approval. It also provides for the creation of zoning and land use plans to guide the development of subdivided land and is intended to protect the public safety and welfare.

It is worth noting that these are only examples, and there are many other laws and regulations that may be relevant to real estate investors, depending on the specific circumstances of their investments.

Property owners who wish to use their land for something outside of current zoning restrictions may apply for a “variance,” or an exception to the rule. Zoning laws vary greatly among cities and towns, but use variance cases that protect one’s property rights and do not change the nature of the surrounding area may be granted a variance by the zoning authority. It is wise to apply for any needed variance before construction begins, as penalties for defying zoning laws include civil fines and may result in litigation.

Land Use Restrictions in Arizona

Land use restrictions in Arizona are regulations that limit the way that land can be used and developed. These restrictions are also established by local governments through zoning ordinances or land use plans, or they can be imposed through private agreements, such as covenants, conditions, and restrictions (CC&Rs) that are attached to a property. To differentiate, remember this: Land use refers to how property owners develop land to suit their needs, and zoning is how the land is regulated by the government.

Land use restrictions can take many different forms and can achieve a wide range of objectives, such as preserving open space, protecting the environment, or promoting certain types of development. Some common examples of land use restrictions in Arizona include:

  •       Height limits: Limit the height of buildings or structures on a property.
  •       Setback requirements: Specify the minimum distance that buildings or structures must be set back from property lines or other features, such as roads or waterways.
  •       Building density: Limit the number of buildings or units that can be constructed on a piece of land.
  •       Use restrictions: Set forth the types of activities that can be conducted on a piece of land, such as prohibiting certain types of businesses or prohibiting the use of a property for certain purposes, such as farming or logging.
  •       Environmental protections: Protect natural resources or sensitive ecological areas, such as habitats for endangered species.

In short, land use restrictions give communities a uniform look and feel, and they keep everything organized by separating areas with varying noise levels, crime levels and pollution. They also create more desirable neighborhoods and areas of town, which can mean higher ROI for real estate investors.

Therefore, investors should be aware of any land use restrictions that may apply to a property they are considering purchasing, as these restrictions can significantly impact the value and use of the property.

How Zoning and Land Use Laws May Impact Your Arizona Real Estate Investment

As a real estate investor, it is important to understand the zoning and land use laws in the area where you are considering buying property. These laws can affect the types of properties you can purchase and the types of activities you can do on them. For example, if you are interested in buying a property to turn it into a rental property, you will need to make sure that the property is in a zone that allows for rental units or that there are no other restrictions preventing the property from being utilized as a rental property. Similarly, if you are considering buying a piece of land to build on, you will need to ensure that the land is zoned for the type of development you have in mind and that you comply with any relevant land use regulations.

It is also worth noting that zoning and land use laws can change over time, so it is important to stay up-to-date on any changes that may affect your investment.

Find an Experienced Arizona Real Estate Attorney

Navigating zoning and land use laws during the due diligence process can be difficult, especially in a fast-paced real estate market. It is important to work with experienced attorneys that can help guide you through the process and make sure you can use your property for your desired purpose.

If you are looking to invest in real estate in Arizona, the experienced attorneys at Gottlieb Law can represent your interests throughout the entire process. Contact us today at 602-899-8188 to schedule an initial consultation or make an appointment on our contact us page.

Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

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