questions & answers

Question: I have been leasing land that my manufactured home sits on since July 1998. I no longer reside on the property, but have maintained utilities and monthly lease payments. The landowner sold the property to a third party. The new landowner has given me 30 days notice to remove the home so that she can build a house on the property, quoting ARS 33-1370 (abandonedment) and an incorrect street address. Would 33-1476 and 33-2149 apply here? (180 days notice and Relocation Fund)?

Answer: A.R.S. 33-1370(J) expressly states that “abandonment” means either (1) “the absence of the tenant from the dwelling unit, without notice to the landlord for at least seven days, if rent for the dwelling unit is outstanding and unpaid for ten days and there is no reasonable evidence other than the presence of the tenant's personal property that the tenant is occupying the residence” or (2) “the absence of the tenant for at least five days, if the rent for the dwelling unit is outstanding and unpaid for five days and none of the tenant's personal property is in the dwelling unit.” However, even if you have not “abandoned” the lot space, there are many other potential issues at play. You would be wise to discuss the situation in detail with an attorney or other legal advocate.