questions & answers

Question: A friend of mine who lived in an RV park recently died. He left his RV to me. At the time of his death he was renting on a yearly basis, and was paid up through May 2018. Park management says that the lot rental payments are not transferable, and that I must sign a new rental agreement. Have looked through Title 33 Chapter 19, but not sure if anything there applies. Is it true that the park owner can "keep the rent," in a case like this?

Answer: Whereas the Arizona Mobile Home Parks Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 11) specifies that if a tenant who was sole owner of a mobile home in a mobile home park dies during the term of the rental agreement, then that tenant’s heir has the same rights, privileges and liabilities of the original tenant (A.R.S. 33-1452(J,K)), the similar rule in the Recreational Vehicle Long-Term Rental Space Act (A.R.S. Title 33 Chapter 19) applies only to a surviving joint tenant or co-tenant (A.R.S. 33-2132(E)). As for rent that has already been paid, that money should be returned to the estate of the tenant who died, less any reasonable costs incurred by the landlord. The landlord may not keep that money.