questions & answers

Question: I own a Mobil lot in Apache Junction. I do not own the trailer that is on the lot. I have been renting this lot at a very good rate. I just found out today my renter passed away. What are my legal rights to get the Mobil off of this lot? The renter has a daughter whom has not contacted me as of yet.

Answer:

The responsibilities of tenants and landlords are controlled by the Arizona Mobile Home Parks Residential Landlord and Tenant Act (“Landlord/Tenant Act”). This means that every mobile home renter and landlord must follow these laws unless the lease specifically says otherwise.  Usually, a rental lease has specific terms that address what will occur in the event of the tenant’s death. If a rental agreement exists it should be reviewed for these terms.

If a rental agreement does not exist or it does not specifically address tenant’s death then the Landlord/Tenant Act will apply. In this case, a tenant’s death does not terminate the lease. If the lease has a specified end date then the successor (relatives or other responsible parties to the estate) tenant’s estate is responsible for the remainder of the term of the lease. In this instance, they may choose to terminate the lease early but must give a 30 day notice within 60 days of the tenant’s death. If the lease is a month-to-month or week-to-week the tenant’s death serves as notice to terminate the lease. A.R.S. 33-1452