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  #1  
Old 05-24-2007, 09:41 PM
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Join Date: May 2007
Posts: 4

Please help, trying to break mobilehome lot lease in AZ.


Arizona-
I currently own a manufactured home in a mobile home park that has a 99 year lease, I am current with all lease payments. I want to terminate the lease, my lease states that I can terminate the lease by giving notice and then have 30 days to remove the manufactured home. If I do not remove within 30 days the landlord can remove the home and charge me for the cost of removal. I have agreed with the bank of the manufactured home to surrender the home since it was discharged in a ch7 bankruptcy in 2002, at that time I chose to retain the property (not reaffirm debt) and am current on payments but know would like to surrender it to the bank freeing me of all personal liability as informed by my bankruptcy attorney. Will I still be responsible for removing the home if I surrender it and am no longer the legal owner?

Ch 11-Article 4-33-1478. Remedies for abandonment of The ARIZONA MOBILE HOME PARKS RESIDENTIAL LANDLORD AND TENANT ACT: states that "If the tenant abandons the mobile home unit on a mobile home space, it is incumbent upon the landlord to locate the legal owner or lienholder of the mobile home unit within ten days and communicate to him his liability for any costs incumbered for the mobile home space for such mobile home unit, including rent and utilities due and owing. However, the landlord shall be entitled to a maximum of sixty days' rent due prior to notice to lienholder. Any and all costs shall then become the responsibility of the legal owner or lienholder of the mobile home. The mobile home unit may not be removed from the mobile home space without a signed written agreement from the mobile home park landlord, owner or manager showing clearance for removal, showing all monies due and owning paid in full, or an agreement reached with the legal owner and the landlord."

Does this free me from the cost of removal of the home if I am no longer the legal owner of the home.
Anyone please help, can I still be help responsible?
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  #2  
Old 05-25-2007, 12:26 PM
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Join Date: May 2001
Location: Central VA
Posts: 2,329
Cool

You need to FIRST talk to the bank and see if they will remove it when they get it BACK....99% sure they WON'T because it has no value sitting in a parking lot, it only have value in the park.

If the bank owns and the park removes it, you may still be liable for the debt if you don't work this give back correctly.
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  #3  
Old 05-29-2007, 02:05 PM
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Join Date: May 2007
Posts: 4
Thanks Cvillecpm for your advise. I have lived in the park 5 years and have seen many people just get up and leave but have never seen any manufactured homes removed, they just go up for sale again.
I will call the bank and see how long it takes to surrender the house and then when it is finalized I will advise my lot landlord of my intentions to leave.
In the lease it also says that the landlord can declare tenant a "holdover tenent" and will continue charging me rent for as long as the home is on the lot..but how can this be if I no longer own the home?
Thanks again for your help.
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