questions & answers

Question: I own a mobile home in a 55+ community. I currently have no income and can not afford to pay the lot rent. Can my daughter age 22 and friend age 20 move in and live there without me being there? Otherwise I lose everything and that is presently what is happening. I have tried selling but the park says that the person wanting to buy must fill out the background check in front of them, so those interested have not been able to buy due to the fact that most are out of state. I need help NOW, as I have to leave very soon and my daughter needs an affordable place to live.

Answer:

The Arizona Mobile Home Parks Residential Landlord and Tenant Act governs the rights and responsibilities of both landlords and tenants regarding mobile home park leases.  A.R.S. 33-1401 through 33-1501.  Generally, the landlord and tenant can include any terms in a lease that they agree upon.  A.R.S. 33-1413(C).  Thus, a lease agreement may contain age restrictions or include policies or procedures for selling the tenant's mobile home.  It is generally permissible to sub-let a moblie home property.  A.R.S. 33-1454.  However, a lease agreement may prohibit all sub-leases.  For this reason, it is important to consult the lease agreement in order to understand the tenant's rights and responsibilities.  It should be noted that courts have also upheld mobile home park age requirements and such a requirement may prevent a sub-lease to persons under the minimum age set by the park. 

As to the tenant's ability and right to sell the mobile home, a landlord is not permitted to prevent the tenant from selling the mobile home.  However,  the landlord may retain the right to approve the purchaser as a tenant, so long as approval is not unreasonably withheld.  A.R.S. 33-1452(E)(3).  To determine whether a landlord's refusal to approve a purchaser is unreasonable or for legal advice regarding a specific lease agreement, consult a licensed attorney.