The rise of short-term rental (STR) activity in the state of Arizona over the last decade has been meteoric and difficult to ignore. The popularity of rental platforms such as Airbnb has spurred the growth of the market for [...]
Category: Real Estate Law
Update: In November of 2022, we addressed the changes in Arizona’s Homestead Laws, in particular the way that the law had changed to allow judgment creditors to be paid out of escrow proceeds. At that time, the homestead [...]
Arizona Supreme Court Clarifies the Permissible Scope of Real Estate Development Fees Chargeable by Municipalities
March 29, 2023
Real Estate Law
In a recent decision entitled Southern Arizona Home Builders Association v. Town of Marana, the Arizona Supreme Court clarified the extent to which the cost of necessary public services provided to new real estate development [...]
How Arizona’s Homestead Laws Affect Your Residence
September 27, 2022
Real Estate Law
Changes to Arizona’s laws regarding the homestead exemption and creditors’ rights have recently gone into effect giving judgment creditors further ability to collect against a debtor-homeowner. As a counterbalance, [...]
Arizona Anti-Deficiency Protection Is Not Available for Vacant Land
November 17, 2021
Real Estate Law
In reaffirming protection for borrowers whose homes are under construction, the Court of Appeals also reins in the recent trend toward expanding Arizona’s anti-deficiency laws. Although we hope that Arizona is (mostly) [...]
Force Majeure Clauses in Leases and Contracts
April 14, 2020
Real Estate Law
Over the next few months – or even years – you are likely to hear a lot about the term “force majeure,” which is French for “superior force.” Many people and businesses, during the COVID-19 outbreak, have [...]
Commercial Leasing to an Arizona Cannabis Business
January 14, 2020
Real Estate Law
As with most commercial leases, cannabis businesses have industry-specific peculiarities to which landlords and tenants should give due consideration. This article specifically addresses issues that commercial landlords and [...]
Short-term rentals – generally defined as rentals for a period of less than 30 days – have become a source of discord in many communities. In many cases, homeowners who are not renting out their homes on a [...]
The Arizona Court of Appeals rules that, while borrowers are not permitted to waive anti-deficiency protection, guarantors may do so. While there is relatively little legislative history on anti-deficiency protection, some [...]
Adverse Possession: Can My Neighbor Take a Portion of My Property?
February 14, 2017
Real Estate Law
Arizona landowners need to be wary of infringement upon their property to ensure that they do not lose their land through an adverse possession. This article was published in the February 2017 issue of the Scottsdale Airpark [...]