3008 N. 44th Street, Phoenix AZ 85018 - (602) 957-7877 | Fax: (602) 957-7876

areas of practice

We have assembled a team of professionals whose goal is to serve you at the highest level. Our motto, "make everyone who contacts our office, glad they did." To that end we make every aspect of your business a top priority for our business. No case is too small, and every client receives the warm, personal attention that Scott is known for throughout Arizona.

We are proud to offer you legal services in the following areas:

LANDLORD TENANT COURT REPRESENTATION

Our team covers all issues encountered in ownership and management of residential real estate. We provide our clients with detailed, step-by-step representation and advice on all aspects of the landlord-tenant relationship from the creation of the tenancy through its termination.

When we represent you on a nonpayment of rent or non-compliance case, our only goal is to process your evictions quickly and efficiently. Cases can be started by phone, fax, email, or through our interactive website - www.scottclarklaw.com. Case status can be checked on our interactive website any time of the day; 24/7. Printed reports are also available through the site.

Summary of Areas of Practice:

  • Forcible and Special Detainers: preparing and filing the initial pleadings, in court legal representation, trial, and all post-trial proceedings and bankruptcy; post-petition rent claims and relief from stay.


  • Preparation of all legal notices and arranging service upon tenants by licensed process servers.


  • Creating the tenancy: We help you understand your rights and duties during all phases of the tenancy.


  • Lease and document review and assessment with suggested changes of your current lease, rules and regulations, and other leasing forms. For your convenience we are glad to draft lease and other tenancy related documents, policies and procedures.


  • Fair Housing considerations in tenant selection and interaction with tenants in enforcing the lease.


  • Security deposit return and tenant (abandoned) property return or disposition.


  • Toxic mold infestations, lead paint and meth labs in rental dwellings.


  • Death and disability of tenants including instructions on how to guide your tenant's family during this difficult time.


  • Legal procedures for mobile home, condominiums and single family homes evictions.


  • Interpretation of the National Apartment Association lease and forms.


  • Interpretation of the Arizona Multihousing Association lease and forms.

    • BUSINESS AND REAL ESTATE LITIGATION; DEFENSE OF LANDLORDS IN ALL TENANT-INITIATED CIVIL SUITS

  • Our team can assist you when any litigation is initiated against the ownership or management of the property. Our litigation defense services include cases for return of security deposit, return of tenant's personal property and other tenancy claims.


    • BANKRUPTCY PROCEEDINGS RELATED TO RECOVERING POSSESSION OF REAL PROPERTY

  • Tenant bankruptcy, including the preparation of all necessary legal pleadings to obtain permission of the bankruptcy court to proceed with an eviction to recover possession of the property.


  • When a tenant files bankruptcy, an automatic stay prevents him from being evicted. Under the new bankruptcy laws the automatic stay will not affect the eviction proceedings when a landlord already has a judgment of possession against the tenant when he files bankruptcy. The landlord can continue with the eviction just as if the tenant had not filed for bankruptcy.


  • Note: Bankruptcy proceedings do not protect a tenant who has been endangering the property or using controlled substances.

    • FAIR HOUSING DEFENSE; LEGAL REPRESENTATION IN FAIR HOUSING AND DISCRIMINATION MATTERS

    Our firm represents owners and management companies in Fair Housing disputes and formal complaints. Most of our work in this area is Fair Housing complaint prevention through our extensive Fair Housing training program and regular Fair Housing exercises designed to provide managers with regular Fair Housing practice.

  • Representation in all complaints brought by HUD, the Arizona Attorney General's office and/or the City of Phoenix Department of Equal Opportunity. Fair Housing representation participation in mediations and representation during all phases of the investigation.


  • Representation in State and Federal court in any action brought for violation of the Fair Housing laws.


  • Fair Housing education and training.

    • AFFORDABLE AND SUBSIDIZED HOUSING

    We have developed unique experience and knowledge in landlord-tenant matters related to subsidized and affordable housing. In this area, the owner and management company will be provided legal guidance to ensure compliance with all applicable HUD requirements and regulations.