Ask a landlord-tenant lawyer and get answers ASAP
Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.
I am not sure if we have an AZ lawyer on staff but I have the knowledge and expertise to walk you through this. I would suggest that we do a phone call and the cost of that is $40.00 more than the deposit that you have posted. I will send you an offer of services and if you accept that offer, then please come back here and type a phone number in so that the system will prompt me to come back and view this question.
Note: (1) Just Answer’s site disclaimers apply to all levels of service; (2) Most follow-up questions are answered with in the hour; however, if I am not signed on, please allow up to 24 hours; and (3) If we are done, please assign a feedback rating so Just Answer will compensate me for your question. Thank you for using Just Answer.
Please ignore the first offer as that was sent in error....
The issue in your case is what factors can you point to to show that the "new lease" that your partners signed was in fact a "new lease" as opposed to a "renewal"? For example, was the lease that they signed for a different term/duration then the original lease? Was it for a different time period as defined by month and day as opposed to the original one? Any other things you can think of such as changes in the terms between original and new lease?
So, in your case you have the arguments that the original lease did not contain anything that would reflect it of being of a continuing nature as per the case you cited. This argument is secondary to the argument that your partners signed a new lease altogether because the terms changed and thus it was not simply a renewal or extension of the original lease as contemplated by the terms of the continuing guarantee that you signed. If you are in agreement with this analysis; then we can go forward with the phone call on how to get this placed in the form of an answer.
On your end of this portal there should be a place to accept the $40.00 offer of services. Please accept that offer and come back here and input your phone number when you are ready for me to call you...