Eviction Appeal In Arizona

Summary

The conversation discusses eviction laws in Arizona, including the possibility of appealing a wrongful eviction during the CARES Act period. It explains that eviction debt usually belongs to the original landlord or their LLC, and doesnt transfer to a new owner unless specified in the sale agreement. If a landlords LLC is dissolved, the debt may still exist and be collectible by the LLCs members or successors. The conversation also covers the structure and roles within an LLC, the role of a Registered Agent, and the responsibilities of legal counsel in eviction cases. It provides a general guideline on how to handle an eviction default judgment believed to be handled incorrectly due to the CARES Act. The conversation also highlights the importance of consulting with an attorney who specializes in veterans rights for a disabled veteran facing eviction.

Full Conversation

I was thinking of talking with the attorney's office that handled my previous eviction? I have reason to believe that they may take advantage of my situation. Should talk with an attorney first before contacting the lawyer who has information about my previous landlord?
Yes, it's advisable to consult with an attorney first before contacting the previous lawyer. They can help protect your rights and advise on the best approach. In Arizona, you can use the State Bar of Arizona's Find a Lawyer service.
after a eviction judgment for money owed, who owns the debt of the eviction does the landlords LLC own it or does the property own it if the landlord sold the property to another company?
Generally, in Arizona:
- The debt from an eviction judgment usually belongs to the original landlord or their LLC.
- If the property is sold, the debt doesn't transfer to the new owner unless specified in the sale agreement.
- It's advisable to consult an attorney for specifics.
What happens to eviction debt if the landlord LLC dissolved?
In Arizona, if a landlord's LLC is dissolved:
- The debt may still exist and be collectible by the LLC's members or successors.
- However, this is a complex area of law and can depend on many factors.
- You should consult with a local attorney for more detailed advice.
The landlord was the sole member of the foreign LLC located in Delaware not in Arizona.
If the landlord's LLC was foreign and based in Delaware, the laws of Delaware would likely apply to the LLC's dissolution and debt issues. You should consult with an attorney familiar with Delaware business law for more specific advice.
Can a LLC have a sole member managing it and a separate party that owns it?
Yes, in Arizona, an LLC can indeed have a sole member who manages it, while a separate party or parties own it. This structure can be outlined in the Operating Agreement of the LLC. However, specifics can vary and consulting with a business attorney is recommended.
Then why is it legal for a LLC to state that its owned only by the LLC and not include other owners associated with the LLC?
In Arizona, an LLC is a distinct legal entity that can own property, but the members are the owners of the LLC itself. The LLC's Operating Agreement typically outlines the ownership structure. It may not specify all owners if they aren't members. Legal advice is recommended for specific cases.
What defines a member of a LLC and what is the difference between the owners and manger members of the LLC?
In Arizona:
- A member of an LLC is a person or entity that owns a portion of the LLC. They have an economic interest in the company.
- Manager members of an LLC are members who also have the authority to manage the daily affairs of the LLC.
- Owners of the LLC are the members, while managers may or may not be owners.
What if the Owner is not listed as a member of the LLC at the time of registration and instead a corporate services company acts in the owners stead?
In Arizona:
- A corporate services company can act as the registered agent for an LLC. However, it doesn't imply ownership.
- If the owner isn't listed as a member, it doesn't negate their ownership.
- Ownership details are typically outlined in the LLC's Operating Agreement.
- Legal advice is recommended for specific cases.
What is a Registered Agent and its duties for a LLC?
In Arizona:
- A Registered Agent is an individual or business entity responsible for receiving legal and government documents on behalf of an LLC.
- Duties can include accepting service of process, receiving annual reports, and forwarding relevant documents to the LLC.
- Their contact information is generally available to the public.
- Each LLC is required to have a Registered Agent.
What part does the Registered Agent do if the LLC is evicting a tenant?
In Arizona:
- The Registered Agent doesn't typically play a part in eviction proceedings.
- They mainly handle receiving and forwarding legal and government documents for the LLC.
- The eviction process is usually managed by the LLC members, managers, or their legal counsel.
Does the legal counsel retain detailed information about an eviction it processed for a LLC?
In Arizona:
- Legal counsel generally retains detailed information about the eviction cases they handle.
- The retention period can depend on the firm's policies, and the rules and regulations they follow.
- It's best to consult with an attorney for more specific information.
What is the retention period for legal counsel in Arizona for cases they handle for a LLC is?
In Arizona, the retention period for legal counsel on case files, including those for LLCs, varies. Typically, it's around * to 10 years, but it depends on the attorney or firm's policy. Consult with an attorney for more specific details.
Is there a way to appeal to a Apartment Manager for residency if a eviction in my rental history was wrongful and there is no way to get a letter stating satisfied and no money owed from the LLC do to the LLC dissolution?
In Arizona, you can appeal to an Apartment Manager by:
- Explaining the situation and providing any evidence of the wrongful eviction.
- Showing proof of regular income and ability to pay rent.
- Providing references from past landlords, if possible.
However, the decision ultimately lies with the Apartment Manager. Legal advice is recommended.
How do I handle an eviction default judgement against me that the was handled incorrectly do the lack of knowledge of details of the Cares Act eviction moratorium that began in March *? What would be the steps I would need to do. Could you make it into a list format type like *. *. *. for example?
Here's a general guideline on how you might handle an eviction default judgment that you believe was handled incorrectly due to the CARES Act:
*. Consult with an attorney: Get professional legal advice to understand your situation better.

*. Gather evidence: Compile all documentation related to your eviction and evidence showing that the eviction may have violated the CARES Act.
*. File an appeal: If eligible, file an appeal against the judgment in the appropriate court. In Arizona, this is typically within 30 days of the judgment.
*. Apply for a stay: If eligible, apply for a stay of the eviction judgment to prevent enforcement while your appeal is pending.
*. Prepare for court: Work with your attorney to prepare your case for the appeal hearing.
Please note, these are general steps and may not be applicable to your specific situation. Always consult with an attorney for personalized advice.
I think my situation maybe a little different, I am also a disabled US Army Veteran and I was disabled at them of the eviction in March *.
Thank you for sharing this additional information. Being a disabled veteran may provide you with additional protections. It's crucial that you consult with an attorney who specializes in veteran's rights. They can guide you on how your status may affect your eviction case and potential appeal. You may also want to reach out to veteran support organizations for additional resources.
Okay, thank you for time and humoring me about my situation that was hard to deal with in my past and hard to think about 4 years later. I feel a little more confident about handling my long overdue problem. You have a lot of useful information and I am impressed with your ability to present correct information that is easy to understand about all of the questions I asked.
I'm glad to hear that you found our conversation helpful. It's our aim at FreeLawChat to provide accurate and understandable legal information. Dealing with past legal issues can be challenging, and it's important to take it one step at a time. Don't hesitate to reach out if you have any more questions in the future. Good luck with everything!