Full question:
I live in Mesa, AZ. I live at a mobile home park and help to care for the feral / stray cats in the area - unsterilized cats that have been abandoned by owners and left to breed over and over again. I am working w/a non-profit organization that promotes TNR (Trap-Neuter-Return) and am spaying/neutering and continuing to feed/care for the cats. Language in my mobile home lease/rental agreement talks about the number/weight of pets that I can OWN, but nothing else about stray animals and what an resident can/cannot do. These are not my cats - they are free-roaming. The mgr of the MHP has put up notices that people that continue to feed the cats will be evicted. Without anything in the legal binding contract that I signed, can a mgr/owner of an MHP actually be allowed to evict over this? I am trying to do a humanitarian effort, yet I and others are being threatened. The non-profit group is going to talk to mgr to try and get them to understand benefits of TNR, but they may not listen. I need to know 2 things. First, what legal standing the mgr/MHP have to enforce this _on the fly_ rule re: the cats? Second, I want to know if I/others can fight the MHP on this issue legally if it comes to that and what are our chances of success against the mgr/MHP. Thank you. There are no laws 'on the books' at either the state, county, or city level in re: to free-roaming cats and feeding them.
- Category: Landlord Tenant
- Subcategory: Lease Violation
- Date:
- State: Arizona
Answer:
The manager of a mobile home park (MHP) may enforce rules that affect the community's health and safety, even if they are not explicitly stated in your lease. Many leases allow landlords to establish rules for tenants that they believe are necessary for maintaining a safe environment. If the manager believes that feeding stray cats poses a health risk, they may have the authority to issue eviction notices based on that concern.
According to Arizona law, if you believe the landlord has materially violated your rental agreement, you can send them a written notice detailing the breach. If the issue is not resolved within fourteen days, you may terminate the rental agreement with at least thirty days' notice (A.R.S. § 33-1471). However, you cannot terminate for issues caused by your own actions or those of others in your unit.
If the MHP's actions seem unjust, you may have grounds to contest their decision. You could potentially argue that their rule against feeding the cats is unreasonable, especially if there are no local laws prohibiting it. However, success in a legal challenge can depend on various factors, including the specific lease terms and the MHP's justification for their actions.
It may be beneficial for your non-profit group to engage in dialogue with the MHP to explain the benefits of TNR (Trap-Neuter-Return) for controlling the stray cat population.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.