Can our landlord hand deliver and send a paper certified, saying that our mobile home lease is terminated after 30 days?

Landlord Tenant Law 7 views 3 answers
We have lived in the mobile home for 23 years and have NEVER received any paper work (other then the termination of lease) always paid rent and trailer taxes. The owner wants to make the mobile home park into a RV park so he will do anything to get our trailers out of here. We heard threw one of the other tenants that he was gonna spread rumors that we are drug dealers to get us out! I don't understand why he would have to make up this type of rumor when obviously he's the owner and he can just evict us. The termination of lease paper that was taped and certified through the mail to us has the wrong A.R.S. Section numbers on it. The # 33-1375 are for apts residential etc. Mobile home's A.R.S. # for mobile homes start with 33-14 NOT 33-13!

Attorney Answers

3
Brandon Kavanagh ·
You need to talk to a landlord/tenant attorney ASAP that is familiar with the Mobile Home Landlord & Tenant act. I am sorry to disagree with the other posting attorneys, but the Mobile Home act does contain different requirements on landlords than the Residential act mainly because of situations like yours where a home has been in a park for many years. You will need to discuss the specific facts of your situation with the attorney, including whether you ever had a written lease (way back in the beginning or any time since), whether you have ever "disagreed" with the landlord over the remaining term of your lease, and whether or not the termination requirements of the Mobile Home act have been met. If you need assistance finding an attorney, you may want to contact the Maricopa County Bar referral service.
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Candrew Campbell ·
Generally speaking if you do not have a lease agreement that specifies a different term you are on a month to month tenancy and giving 30 days notice is sufficient to terminate a month to month tenancy. Having said that, in many month to month tenancies the tenants pay on a certain day (normally the first) and the 30 day notice needs to be given before the last months rent payment, thus if you pay rent on January 1st and they tell you on January 10th that they are terminating the tenancy, you have a legitimate argument that you pay rent on February 1st and can stay through February. That is the normal process for giving proper notice. Talk to a landlord/tenant attorney about your situation. Good luck.
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Steven Rensch ·
The 30 day notice is probably effective despite the citation of the wrong statute. His comments to people that you are drug dealers is defamation. It is hard to prove, but the claim does exist.
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