questions & answers

Question: I signed a lease with a husband and wife to rent my mobile home in a 55 and up Resort. They are supposed to rent for January February and March 2017. They told me it was only going to be the two of them. Afterwards Once the lease was signed they stated they were going to have their sister in there for 2 weeks, then they were going to have another couple in there for 10 days, and then another visitor that was staying for a so-called long weekend. I do not have anything in my lease regarding visitors, but they it was only going to be the two of them. Can I keep the deposit if they break lease

Answer: If a rental agreement states that only two persons may live in or visit (except very briefly) the mobile home, then there is grounds to give them notice of the intention to evict if and when the tenant actually violates the rental agreement by inviting additional people to stay. An agreement that does not state this has limited options. Here in Arizona, the purpose of a security or damage deposit is to ensure that if a tenant moves out without paying all the rent that they owe or causes any damage to the rental unit beyond ordinary wear and tear (A.R.S. 33-321), then the landlord will have the money to cover those losses. (The landlord should take photographs and/or video documenting the condition of the unit before the tenant moves in to have as evidence and also should ask the tenant to sign and date a document attesting to that condition.)