Articles with keyword "Lien"
There are three primary forms of security used for tenant’s payment of rent: a security deposit (in the form of cash or a letter of credit), a personal or corporate guaranty, and landlord lien rights on the tenant’s personal property located within the leased premises. Most tenants incorrectly negotiate the landlord lien rights provisions in commercial leases.
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As follow up to my blog entry titled “Collecting Your Leasing Commission,” this blog entry focuses on Arizona commercial real estate broker liens.
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Landlords have a variety of options in collecting rent from commercial tenants. Landlords should seek to enforce personal guarantees. Landlords may also seek to reenter the premises and take back possession if rent is at least 5 days delinquent. The landlord may be able to seize any personal property of the tenant to satisfy the rent obligations.
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In Arizona, HOA's often record documents that affect title to real estate. Recent decisions by Arizona courts have shed new light on the limits of that power. In fact, there are stiff penalties for false or groundless documents that are recorded.
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The Arizona Registrar of Contractors has a detailed process for filing a complaint against a contractor licensed by the state. The procedures allow for an investigation, hearing and appeal if necessary. A homeowner damaged by a contractor may even be able to access the ROC's recovery fund.
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Contractors and suppliers for a construction project have several options available to collect for their work and supplies. Many of these options require that very specific laws be followed in order to preserve the contractor's claims. This article explores those options.
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In Arizona, HOA's have the right to record a lien on your home to secure any unpaid assessments. However, the HOA must follow very specific laws or the lien could be invalid. This article explores some of the common issues homeowners face with HOA liens.
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Mechanic's liens are becoming more prevalent in a difficult economy. However, there are very specific legal obstacles a contractor must follow to perfect a mechanic's lien. Often, the contractor misses a step, which can result in an invalid lien. But the property owner has options for removing the lien.
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