questions & answers

Question: we ,my mom me and sister live in a mobile park that came under new management as of resent. we payed $25.000 dollars for a 99 year lease. the new owner has ran most out and is now trying to close the park.... she put a sighn on the front of the park with closer date. there has been no paperwork served to any residents on why or who gives her the right to cancel a payed for lease {without any reinbursement} how can i stop the madness and injustice being brought-on bye her. what legal paperwork court judgement or anyother documents does she have to provide.

Answer: I always recommend consulting the Arizona Mobile Home Residential Landlord and Tenant Act found here: https://housing.az.gov/sites/default/files/documents/files/Arizona%20Mobile%20Home%20Parks%20Residential%20Landlord%20Tenant%20Act%20%20_October%202014_(3).pdf A 99-year term for a rental agreement is enforceable under Arizona law. See A.R.S. 33-1413(B): B. If the landlord and tenant agree to the term of the rental agreement, the rental agreement may be for any term. If the landlord and tenant disagree on the term of the rental agreement, the rental agreement shall be for twelve months. The initial term of a rental agreement may be for less than twelve months if the reason is to ensure conformity with a standard anniversary date. Any written rental agreement shall have all blank spaces completed, and executed copies of the written rental agreement shall be furnished to all parties within ten days of execution. Pursuant to A.R.S. 33-1471, a tenant of a mobile home park may sue for injunctive relief (to stop the landlord from doing something) and/or damages (money for something the landlord did). That statute reads: 33-1471. Noncompliance by the landlord A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, the rules and regulations or statements of policy, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days. If there is a noncompliance by the landlord with section 33-1434 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than twenty days after receipt of the notice if the breach is not remedied in ten days. The rental agreement shall terminate and the mobile home space shall be vacated as provided in the notice subject to the following: 17 1. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate. 2. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his family or other person on the premises with his consent. B. Except as provided in this chapter, the tenant may recover damages, and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or section 33-1434. C. The remedy provided in subsection B of this section is in addition to any right of the tenant arising under subsection A of this section. D. If the rental agreement is terminated, the landlord shall return all deposits less reasonable damages. Based on A.R.S. 33-1471, a tenant can sue for injunctive relief preventing the landlord from evicting them/closing the park based on the 99-year lease. Additionally, the tenant may sue for damages incurred (including attorneys' fees). If you choose to sue for injunctive relief (to stop the eviction/closure of the park), you should retain an attorney and must act quickly (before the park is closed). If you choose to sue for damages, you can do so at the same time as you seek injunctive relief. Alternatively, you could sue for damages after the park closed but need to be aware of the statute of limitations that may bar any such claim if not brought within 1 year of the claim arising (the eviction/closure). Hypothetically, the damages may simply be $252.52 per year left on the lease ($25,000 divided by 99 years). So if there were 80 years left on the lease for example, you could sue for $20,202.02 together with attorneys' fees and costs. Please note that I am providing general information based on the very limited information available to me. I am unable to provide you with legal advice, and no attorney-client relationship is created hereby. I wish you the best in this and all your endeavors.