Legal Question in Real Estate Law in Arizona

Re: lease contract in arizona

If the property is in Arizona, you'll need an answer based on Arizona law from an attorney licensed to practice in Arizona, which I am not.

However, I can say that if the land were in California, the following principles would apply:

1. The lease would be valid, with some inherent limitations; because each co-owner of land held in joint tenancy or tenancy in common has the right to occupy and use the entire parcel, the lessee would step into your relative's shoes and would acquire his or her right to occupy and use the entire parcel, jointly with you.

2. Because you also have the right to occupy and use the entire parcel, the tenant has to share his or her leasehold with you.

3. You and the tenant are sort of roommates, therefore.

4. If the co-owner makes a profit from the lease, he or she must share it with you.

5. If either the co-owner or the tenant refuses to share the property, or makes that difficult or impossible, this is an "ouster," and the ousting party may be liable to you for damages.

6. The rights of co-owners can be modified by contract between them, or by the policy of law that frowns on confrontations and disturbances of the peace.

7. Finally, the way to get out of an unhappy co-ownership situation is by a special kind of lawsuit called a partition action. The court can either subdivide the property, or order it sold and the net proceeds of sale divided.

The law on co-ownership is somewhat uniform from state to state, but who knows? Arizona law might be quite different.

Re: lease contract in arizona

I always love Mr. Whipple's answers, because he is not only a learned attorney, but he explains things so well.

However, your title indicates a contract in Arizona. Where is the land? Where was contract signed?

Are both parties residents (actually "domiciled") in California, or Arizona?

The answers are clear, the question is not.