Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I'm an owner/landlord of a single family home, which I rented to an individual with an option to purchase. He never exercised the option, and eventually defaulted on rent, and moved out. Problem is I recorded in the public record a document showing that he paid an amount toward the purchase of the house. I should not have done this because now I cannot refinance or sell the property due to a 'cloud on title. I contacted former renter to sort out issue, but he refuses to cooperate - leaving me stuck. What are my options ? Thx

Answer: You should consider contacting an attorney for legal advice. A petition for declaratory judgment may be an option. Both any resulting court order and a lis pendens (while the action is pending) are recordable if they affect title to real property.

QUESTIONS

  • I'm an owner/landlord of a single family home, which I rented to an individual with an option to purchase. He never exercised the option, and eventually defaulted on rent, and moved out. Problem is I recorded in the public record a document showing that he paid an amount toward the purchase of the house. I should not have done this because now I cannot refinance or sell the property due to a 'cloud on title. I contacted former renter to sort out issue, but he refuses to cooperate - leaving me stuck. What are my options ? Thx

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  • State Bar of Arizona
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    Referral number 602-257-4434
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    Referral number 520-623-4625
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