questions & answers

Question: I was arrested at a friends mobile home on a misdemeanor warrant. I went without a hassle or drama. The charge was disorderly conduct. I was out in 14 days, went back to the park where coincidentally i do not live, was told there was no problem with me being there. The kicker is that my friends, a couple of about 70 years old are now getting evicted because of it. Im beside myself. It is not right. Id willingly have them ban me from the park if my friends would not get evicted. Is there no hope for them ?

Answer: If due to the actions of an invited a guest a tenant inadvertently does something which constitutes a material and irreparable breach of the rental agreement (A.R.S. 33-1476(D)(3)) – such as a violation of a crime-free addendum – the landlord may have a right to terminate the rental agreement. The Arizona Residential Landlord and Tenant Act (ARLTA) – which applies when a tenant is renting both the mobile home and the mobile home space – states at A.R.S. 33-1368(F) that “the tenant shall be held responsible for the actions of the tenant’s guests that violate the lease agreement or rules or regulations of the landlord if the tenant could reasonably be expected to be aware that such actions might occur and did not attempt to prevent those actions to the best of the tenant’s ability.” In such a situation the guest of the tenant may wish to contact the landlord to explain what happened, to explain that the tenant had no reason to expect it to happen, and to guarantee that it will not happen again.