Landlord and Tenant - Mobile Home Parks

questions & answers

Question: we are planning to buy a manufactured home in a 55+ community. My question is if my husbands name is the only one on the manufactured home and he dies can they make me move out and how could I sale the manufactured home if I wanted to.

Answer: Under the Arizona Mobile Home Parks Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 11), “if a tenant dies, any surviving joint tenant or cotenant continues as tenant with the same rights, privileges and liabilities as if the surviving tenant were the original tenant, with the additional right to terminate the rental agreement by giving sixty days’ written notice to the landlord within sixty days after the death of the tenant” (A.R.S. 33-1452(J)). Although it seems highly unlikely that the community to which you and your husband are planning to move could require that you move out upon his death, without access to more information it is impossible to state exactly what your legal rights and obligations would be. You may wish to speak with an attorney as well as the community to which you and your husband are planning to move before you sign any documents. There are links to organizations offering free or low-cost legal services on this website.