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 answer to your questions may depend on the language of your lease particularly with regard to rules of tenancy set forth therein. Many leases have provisions for acts by the tenant that affect the health and safety of all residents in the community and provisions regarding the establishment of those rules. If the landlord establishes a rule for the community of homes that it believes affects the health and safety of all residents, then it may be part of its obligation to maintain "fit" premises for the residents (though that usually applies to conditions inside the unit).
According to Arizona statutes, if a tenant feels that the landlord/property manager has violated the terms of your mobile home rental agreement in a material way, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days.
See Section 33-1471. Noncompliance by the landlord
A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, the rules and regulations or statements of policy, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days. If there is a noncompliance by the landlord with section 33-1434 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than twenty days after receipt of the notice if the breach is not remedied in ten days. The rental agreement shall terminate and the mobile home space shall be vacated as provided in the notice subject to the following:
1. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate.
2. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his family or other person on the premises with his consent.
B. Except as provided in this chapter, the tenant may recover damages, and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or section 33-1434.
C. The remedy provided in subsection B of this section is in addition to any right of the tenant arising under subsection A of this section.
D. If the rental agreement is terminated, the landlord shall return all deposits less reasonable damages.
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.
