questions & answers

Question: Can a landlord that has no lease with the tenant file eviction for non payment of rent? Landlord does not maintain the property. It is a mobile home. There are safety issues that have not been addressed. There has been no communication from the landlord to the tenant.

Answer: - Mobile home park situations can be very complicated to understand. Generally, even when a person owns their own mobile home, the land upon which the mobile home sits is still being rented and that rent is going to a landlord. Therefore, there is a landlord/tenant relation. Assuming that to be the case, ARS 33-1476 says that a landlord may terminate a tenancy in the mobile home park. This may be done for nonpayment of rent, ARS 33-1476(b)(2). For a definition of “tenant,” see ARS 33- 1490(29)  which says a “tenant” means a person signing a rental agreement OR otherwise agreeing with a landlord for the occupancy of a mobile home space. Because the laws for mobile home parks can be tricky, it may be best to contact an attorney.