Latest from Dunaway Law Group Blog

A 48 hour notice must be given to Arizona tenants before their landlord can legally enter the rental property. Arizona landlords have the right to periodically enter their rental properties, however, the Arizona Residential Landlord Tenant Act states that entering the property is a right with limitations. In particular, landlords should not use the 48 hour notice as a way to harass or intimidate tenants.

Proper Notice to Arizona Tenant

A.R.S. § 33-1343(D) states that, “the landlord shall give the tenant at least two days’ notice of the landlord’s intent to enter and enter only at reasonable times.” Although the
Continue Reading 48 Hour Notice to Enter

What is “Runs with the Land”?:The legal doctrine of “runs with the land” refers to a principle that attaches certain rights, obligations, or restrictions to a piece of real property rather than to a specific individual. In other words, these rights or obligations are not personal to the current owner but are tied to the property itself. Meaning that when a property changes hands, these rights and obligations automatically transfer to the new owner.

This legal principle applies to well share agreements and so it is essential to understand how the rights and obligations regarding the shared well will be
Continue Reading Runs With the Land

Arizona does not permit “rent-striking”. Meaning, a tenant cannot legally withhold rent except in a very few exceptions.

Section 33-1363(A) and (B) of the Arizona Residential Landlord and Tenant Act specifically address what a tenant must do prior to withholding rent from the landlord.

Section 33-1363(A) states in part: A tenant “may notify the landlord of the tenant’s intention to correct the condition at the landlord’s expense. After being notified by the tenant in writing, if the landlord fails to comply within ten days or as promptly thereafter as conditions require in case of emergency, the tenant may cause the work
Continue Reading Rent Striking by AZ Tenants

The legal doctrine of joint and several liability is a fundamental concept in tort law and contract law that plays a crucial role in determining who is responsible for damages when multiple parties are involved in a legal dispute. This doctrine is often applied when harm or injury occurs due to the actions or negligence of more than one party. In this blog post, we will delve into the concept of joint and several liability, understand its principles, and explore how it is applied in legal cases.
Understanding Joint and Several Liability
Joint and several liability is a legal doctrine
Continue Reading Joint and Several Liability

I am text block. Click edit button to change this text. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
N-Tail Registration: What is the number? What does it mean? What kind of drones need a N-license number? https://www.faa.gov/licenses_certificates/aircraft_certification/aircraft_registry/register_aircraft

Whole Suite for Your Online Business Commerce

Visual Composer page builder can help you to move your business online by combining the power of the builder and WooCommerce.

Purchase Now

Solution That is Compatible With WordPress

WordPress is a free open-source solution that you can easily adapt to your business. Yet, the
Continue Reading FAQ- Uncrewed Aviation

What is the Statute of Frauds?
The Statute of Frauds is a legal doctrine that requires certain types of contracts to be in writing to be legally enforceable. Its primary purpose is to prevent fraudulent claims and misunderstandings arising from oral agreements and to create a clear and verifiable record of important contractual obligations. In Arizona, the Statute of Frauds for real property transactions is governed by A.R.S. § 44-101.
Real Property Transactions Covered by the Statute of Frauds in Arizona
The Arizona Statute of Frauds mandates that contracts involving the sale, exchange, or lease of real property, or any
Continue Reading Statute of Frauds

The Arizona Department of Water Resources (ADWR) applies a Well Registry Number to each well in Arizona. The Well Registry Number is similar to a Vehicle Identification Number (“VIN”) in that a unique number is assigned to each well. The Well Registry Number’s “55-” and then are followed by six numerical digits.

The Arizona Groundwater Management Act of 1980 mandates that all property owners register their water wells with the ADWR. Additionally, property owners are required to keep ownership information current with the Department. Well Registry Numbers do not change even if well changes ownership.

However, many properties are sold
Continue Reading Arizona Well Registry Numbers

Understanding Subordination Agreements in Commercial Leases
A subordination agreement modifies the priority of liens or claims on a property. In the context of commercial leases, a subordination agreement addresses the relationship between the tenant, landlord and lender.
Importance of Subordination Agreements Commercial Leases
1. Ensuring Lender’s Priority: Subordination agreements primarily protect the interests of lenders (banks) by allowing them to maintain their position as the primary lienholder. This protects the lender’s investment and ensures that they have first claim to the property in the event of default or foreclosure.
2. Subordination of Tenant’s Rights: The subordination agreement explicitly states that
Continue Reading Subordination Agreement in Commercial Leases

A well written (pun intended), well share agreement decreases the odds of disputes with neighbors and gives peace of mind. By clearly defining rights and responsibilities the agreement provides certain assurances that each household’s interests will be protected. By tailoring the agreement to each specific situation it removes gray areas that can lead to differing interpretations of how different situations should be handled.

Over the years, I have spoken to literally hundreds of Arizonians with some type of dispute regarding a shared well. A common variable in these situations is a poorly written shared well agreement or none at all.
Continue Reading Benefits of Shared Well Agreements

record the completed well share agreement

Once a shared well agreement is signed and notarized by all Parties, it can be filed with the Arizona County Recorder’s Office and the Arizona Department of Water Resources.

recording it with the county recorder

A shared well agreement must be filed with the county recorder in which the shared well lies. For example, if the shared well is located in Maricopa County, Arizona then it needs to be recorded with the Maricopa County Recorder’s office.


Continue Reading Recording Shared Well Agreement

Traditionally, the parties to a well share agreement have a joint checking account used specifically for paying the well electricity and repairs. Usually, each property owner pays a flat amount to cover the cost of the electricity and to set aside money for repairs.

purpose of the well share Bank account

A well share bank account can help the parties save a little each month to cover the cost of expensive repairs.

1. Pay the Electricity Costs for the Well

Electric pumps bring water from the well into a storage tank. Traditionally, there is a single electricity meter attached to
Continue Reading Designated Bank Account for Well

Rule 2004 of the Federal Rules of Bankruptcy allows any “interested person” to depose someone who filed bankruptcy. Additionally, the bankruptcy filer must producer documents on matters related to your bankruptcy. The 2004 Exam can cover a broad range of issues, including:

Your actions, conduct or property, your debts and financial condition, any issue that relates to your bankruptcy assets or Chapter 13 plan, and any matter that affects your right to a discharge.

A 2004 Exam is not like a 341 meeting of creditors. It is more formal and involves a more detailed investigation of issues related to
Continue Reading 2004 Examination in Bankruptcy

Over the years, I have spoken to literally hundreds of people with some kind of dispute regarding a shared well. A common variable in this situation is a poorly written shared well agreement or none at all. A well (pun intended) written, well share well agreement, that is  customized to your unique situation will decrease the odds of disputes and give you peace of mind.

Every situation is different, every property is different, every well is different, and this is why we create custom agreements for each client. In addition to providing advice on the general issues we also provide
Continue Reading Why Hire a Lawyer to Draft Your WSA

Why Your Organization Needs a Flight Operations ManualFor Your UAV- Drone Program

Flight operations manual will help your organization be more effective, cost efficient, successful, and successful. Its power cannot be overstated. An organized, focused, specific, plan for your UAS program will saves lives, reduces costs, and gives people an actual increased level of protection.

  • BENEFITS OF HAVING A FLIGHT OPERATIONS MANUAL:
  • There is an almost infinite number of benefits of having a Flight Operations Manual.

    By taking subjectivity out of the situation. You might have someone who is overzealous. Willing to take unnecessary risks. You might have someone who
    Continue Reading Flight Operations Manual

    Registering your drone with the Federal Aviation Association. The FAA has actually made the process rather smooth and straight forward.

    Why is Drone Registration Necessary?

    Plain and simple, the FAA wants every drone registered to increase the safety of people both in the air and on the ground. With more than 1 million drones registered with the FAA they have their hands full trying to keep people safe.

    “Registration is all about safety,” says FAA spokesperson Jim Peters. “It provides us with a key opportunity to educate the new generation of airspace users that as soon as they start flying
    Continue Reading How to register your drone with the FAA

    Claims of Ownership in Justice Court Evictions

    The purpose of eviction cases is designed to address the issue of possession and not ownership. lawsuit is to provide a summary, speedy and adequate remedy for obtaining possession of premises withheld by tenants, and for this reason this objective would be entirely frustrated if the defendant were permitted to deny his landlord’s title, or to interpose customary and usual defenses permissible in the ordinary action at law.

    The merits of the title may not be inquired into in such an action, otherwise the action would not afford a summary, speedy and adequate
    Continue Reading Evictions and Claims of Ownership