Peter H. Westby

Born in Minnesota, Attorney Peter Westby has resided in Arizona since 1962 and in Phoenix since 1974. Mr. Westby graduated from the University of Arizona College of Law in 1973 and entered the practice of law as a prosecuting attorney, first with the City of Tucson and then with the Pima County Attorney's office as a Criminal Trial Deputy. He joined partner Harvey Platt in the private practice of law in Phoenix in 1974 and together they formed Platt & Westby, P.C. Mr. Westby practices in the areas of real estate law, civil litigation, family law, estate planning, probate, estate and trust administration, and business formation/litigation. Mr. Westby and his firm have earned a Martindale-Hubble AV rating, the highest rating awarded for ethics and professional competence.

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Arizona

Since 1973

U.S. Federal Court

Since 1973

Partner

Platt & Westby

Current

James E. Rogers College of Law, University of Arizona

J.D. (1973)

1973

University of Arizona

B.S.

1970

Arizona's Finest Lawyers

Arizona's Finest Lawyers

Arizona State Bar

Member

Current

Prince of Peace Lutheran Church

Former President and Council Member

2010 - Current

Activities: 1987 - 1993

La Casa De Cristo Lutheran Church

1993 - 2010

Q. A person makes a Mortgage pymt, the financial institution accepts and confirms, then puts pymt back in bank acct refuses

November 18, 2024

A: You have provided insufficient information for me to know exactly what is happening. But it sounds as though your mortgage may be in arrears due to unpaid fees or other charges. If the amount tendered is not precisely correct including any late fees or other charges, a lender will often reject it until the correct amount is tendered. I recommend making an appointment to personally meet and speak with the individual who is responsible for your account and see if the problem can be identified and fixed. Demand to know what amount is needed to bring your account current and then pay it.

If all else fails, I would refinance with another lender.

Q. If rental is uninhabitable and I was forced to leave do I need to give a prior notice? Landlord knows it's uninhabitable

November 18, 2024

A: You did what was right to move your family out of a hazardous situation. But you could have better protected yourselves legally. A 5-day notice to the landlord is required by ARS 33-1361 to terminate a lease where there is a health or safety danger. Since the lease was not terminated, you may not get your deposit back and you might be sued for rent that accrues until the premises can be re-let. If you did a good job of documenting the problems in this unit, and your medical records prove that your health problems were caused by the conditions in the unit, you may have a good defense and possibly a good counterclaim in the event an action is brought against you.

Q. 33-324 ARTLA..What does this mean in easier terms?

November 18, 2024

A: This appears to refer to ARS 33-324 which provides that, when a tenant enters into possession under a lease, the tenant cannot, while in possession, deny the title of his landlord. I hope this helps.