questions & answers

Question: I originally moved my M.H. on the space it sits on 19 yrs. ago under a verbal agreement with previous owner. For many years since, I've asked to be entered into a lease with the new owners but wasn't given one until 2 weeks ago. This lease does not fall under the M.H.P, L.lord tenant act nor was it signed in front & with knowledge. What are my rights to a possible eviction now?

Answer: This is for informational purposes only, you may want to consult an attorney for legal advice. If the landlord has a copy of your new lease signed by all parties, then you both are subject to its terms. This article addresses the tenets of evictions in Arizona: http://www.azlawhelp.org/articles_info.cfm?mc=3&sc=19&articleid=26 If there is no valid lease, then your tenancy is called at-will or periodic tenancy. Under A.R.S. 33-1375: 33-1375. Periodic tenancy; hold-over remedies A. The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten days prior to the termination date specified in the notice. B. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice. C. If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord, in addition, may recover an amount equal to not more than two months' periodic rent or twice the actual damages sustained by the landlord, whichever is greater. If the landlord consents in writing to the tenant's continued occupancy, section 33-1314, subsection D applies.