Confused about eviction (rental, lawyers, mobile home)

[Kimfesta85301]

I have been living with my fiance who recently passed on the 4th. He was purchasing this mobile home and renting the lot in this mobile home park. I just received an eviction notice yesterday. I was under the impression that our rent was already paid as it always is every 1st of the month. I never received a 5 day notice stating otherwise or I would have come out. Attached to the eviction notice is a that says that I was served which is not true and there isn't a date on this notice. So my question is what are my legal rights now? Keep in mind that I was not on the lease however my fiancé did leave the mobile to me. I am so scared.

[meo92953]

I don't know the answer & wait for others to respond to the legalities.

However, my heart goes out to you for your loss & grief.

[wit-nit]

I would presume since you're not on the lease they have the right to evict you since there is no legal binding for you to stay. .
To answer your other questions I have no idea, you may need legal counseling. Have you tried working out a lease or some other arrangement with the landlord to get things in order. Can you sell the mobile home. Too much vague information for anyone to give a definitive answer.
Sorry for your loss, and sorry for not much help here.

[longneckone]

I would certainly talk to the owner of the mobile home park. Is the mobile home newer in good condition? Will they give you a lease? If you are evicted and the mobile stays that can result in a lot which the park can not rent for what could be a long time. I too live in a mobile on leased ground. If we vacate we or our heirs would have to move or demolish the home and owe ground rent until that was done.

[crystalys]

So sorry for your loss, OP.

You stated that your fiance was "purchasing" the mobile and renting the lot. You also say that he left the mobile to you and you are not on the lot rental agreement. So I see a few problems considering the information you have given so far.

1. Did your fiance complete the purchase and is the "title" to the mobile home in his name? If the purchase was not finished and the title is not in his name, then he is not the owner of record and can't leave the mobile to you. You also would not be a legal occupant so the owner of the mobile home can evict you.

If he did complete the purchase, and is the recorded owner, did he give you anything "in writing" that indicates you are to "inherit" the mobile home? If you have nothing in writing then you will have a hard time proving he wanted you to inherit it.

2. If you are not named on the lot rental agreement, then you are not a legal occupant and the owner of the lot can evict you. You should speak to the lot owner/ lot rental manager and try to work something out.

You can try to contact Community Legal Services (Community Legal Services • Arizona) and see if they can advise you or refer you to someone who can help. Keep in mind that the The Landlord/Tenant Act does NOT apply to the following: Rented mobile homes (except where both the trailer and lot are rented from the same person or company);

I must include a disclaimer that this is my opinion and in no way constitutes legal advice.

[Bummer]

Sorry for your loss, Kimfesta . . .

Sounds like another huge disadvantage to "living with fiance" vs marriage.

Obviously, as others have already posted / implied, you need legal assistance, however, don't be too optimistic unless there are additional legal documents involved.

[Potential_Landlord]

Originally Posted by Bummer

Sorry for your loss, Kimfesta . . .

Sounds like another huge disadvantage to "living with fiance" vs marriage.

Obviously, as others have already posted / implied, you need legal assistance, however, don't be too optimistic unless there are additional legal documents involved.

Very true. I would add that talking to the owner or agent who sent you the legal notice is also of highest priority. Maybe something can be worked out for the benefit of both parties without paying lawyers.

[JGMotorsport64]

Hopefully you do come back Kimfesta.

Call up whoever sent this notice first, but do so with the understanding that it's an arms-length phone call. See what's going on here and if your instinct kicks in that this is over your head, give the State Bar a call or seek out Community Legal Services and see if somebody can help you.

I don't know much about you, but you may qualify for discount assistance, and this is probably not that complicated for most lawyers.

[kell490]

First I can see that you're not in any financial shape to hire an attorney while some here suggest that it will cost you $1000's. My suggestion is talk to the folks who left the paper and find out if you can work something out with them I find talking to people will work things out much faster than hiring attorneys. Attorneys will just run up a bill and not do much more then you could do just talking to them. Really doesn't matter what you say to them it's not in writing doesn't change things anyway. The owner of the park might be able to help you if you're able to pay the rental fees should be able to work it out.