questions & answers

Question: I have been appointed to take care of my friends personal belongings while he is away driving big rig trucking. He didn't pay his rent for two months. The rv park has had his truck, car, and 5th wheel towed and put into the impound yard. They will not release my personal effects out of the truck. The truck was not parked in his designated space, nor was it improperly parked on the property. It was parked on the property. I was given no advance notice, and at work at the time of the tow.

Answer: This is for informational purposes only, you may want to contact an attorney for advice. Under the Arizona Mobile Home Landlord and Tenant Act: Landlords for good cause may terminate tenant rental agreements as follows: For non-payment of rent, with a seven day notice to the tenant. A.R.S. § 33-1476(E. Under 33-1476. Termination or nonrenewal of rental agreement by landlord; noncompliance with rental agreement by tenant; failure to pay rent: D. Except as otherwise prohibited by law: 1. If there is a material noncompliance by the tenant with the rental agreement, the landlord shall deliver a written notice to the tenant 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 the tenant remedies the situation within the time specified in the notice, the landlord shall issue a notice to the tenant releasing the tenant from the termination of rental agreement notice. E. If rent is unpaid when due and the tenant fails to pay rent within seven days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement. Before judgment in an action brought by the landlord under this subsection, the tenant may have the rental agreement reinstated by tendering the past due but unpaid periodic rent, reasonable attorney's fees incurred by the landlord and court costs, if any. F. Except as provided in this chapter, the landlord may recover actual damages, obtain injunctive relief or recover possession of the premises pursuant to an action in forcible detainer for repeated noncompliance by the tenant with the rental agreement or section 33-1451. As the law says, the landlord should give notice of a default, and give time to cure the problem.