questions & answers

Question: My younger sister who is on rental agreement is a diabetic & in end stage of renal failure. I have friend stay with her while I work 4pm-4am. Can park manager give 7 day notice to make friend leave & kick me out in 60 if I refuse to do what he wants & leave my dieing sister alone?

Answer: As a general rule, the terms and conditions of a rental agreement between a landlord and a tenant determine what the tenant may or may not do, so long as those terms and conditions are consistent with the law (A.R.S. 33-1314). The Arizona Mobile Home Parks Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 11) contains a section – A.R.S. 33-1413.03 – that specifically deals with the issue of caregivers. It states the following: “A resident may have one person at least eighteen years of age occupy the resident’s mobile home on a temporary basis to provide necessary live-in health care to the resident pursuant to a written treatment plan prepared by the resident’s physician. The landlord may require the resident to provide a written renewal of the physician’s treatment plan every six months. The landlord shall not charge a fee for the person rendering care. The person rendering care has no rights of tenancy, and any agreement between the resident and person rendering care in no way modifies any term or condition of the rental agreement between the landlord and tenant. The person rendering care shall comply with the rules and regulations of the mobile home park.” If your sister is under the care of a doctor, you may wish to bring this issue to his/her attention and request that he/she provide your landlord with a letter as described above. If you would like the advice and/or assistance of an attorney, there are links to organizations offering free or low-cost legal services on this website. The LegalLEARN Helpline toll-free telephone number is 1-866-637-5341. You may wish to mention the section – A.R.S. 33-1413.03 – that deals with caregivers in mobile home parks.