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Legal Update
Scottsdale Enacts New Ordinance Regulating Short Term Rentals
By: Christopher J. Charles, Esq.
Reports estimate that as many as 4,300 residential properties in the City of Scottsdale are utilized as short-term rentals. Another report estimates that as many as 3% of all homes in Scottsdale are short-term rental properties. Short-term rentals emerged in popularity in the Valley around the time that Glendale last hosted the Super Bowl in 2015 (also the same time that online platforms like VRBO and Airbnb began exploding in popularity). Since at least that time, City of Scottsdale officials have wrestled with finding the best solution to regulate short-term rentals while also protecting owners’ property rights. Managing the tension created by the competing interests of neighbors in residential communities alongside the interests of owners, investors, and property managers has proven to be complicated. 
Defamation Claims in Arizona
By: Timothy J. Watson, Esq.
Defamation is an area of the law that generates a great deal of interest and volatility. In Arizona, the defamation of a private (non-public) figure requires five elements: The Defendant made, said, or wrote a defamatory statement of fact about the Plaintiff; the statement was false; the Defendant made, said, or wrote the statement to a third person; the Defendant was negligent in failing to determine the truth of the statement and; the Defendant’s statement caused the Plaintiff to be damaged.  It is important to note that a statement related to a private individual is subject to the negligence standard, meaning a defendant did not use reasonable care when making a statement about the Plaintiff to a third person. In addition, statements of fact often spill over into opinions. There are sometimes disputes over whether a statement is one of fact or opinion.
When You Should File a Lis Pendens Notice
By: Christopher J. Charles, Esq.
A Lis Pendens Notice can be a powerful tool under Arizona law, but it is a narrow tool available only in limited circumstances. Therefore, before you record a Lis Pendens about a pending lawsuit concerning real estate, you must understand the limitations of a Lis Pendens and the consequences of filing a wrongful Lis Pendens. An Arizona real estate lawyer can answer your questions about a Lis Pendens and assist you with all other real estate law matters.
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