Legal Question in Landlord & Tenant Law in Arizona

Under verbal agreement my roommate and I, as well as landlord, agreed to "rent to own" a manufactured home in April 2007. Since Feb. 2007 we have done all possible such as take classes for "first time home owners" had appointment with HUD to get assistance with loan for the home. Landlord kept/keeps postponing when we ask for the price of the home. As of now they are backing out stating..."this is a money maker and we would be losing out", At $1000 a month since April 2007, we have given them $33,000 and refuse to give anything more. The agreement prior to renting was "a" percentage of rent would go toward down payment-no set percentage given. All additions to home done by us is due to us believing we were going to purchase home. I want to know if we are entitled to at least 20% of the amount paid monthly and can we be reembursed for what we've done to house? Added stainless steel sink and faucet kit to kitchen, chain link fenced yard and other changes. Also in lease agreement landlord was to pay water/sewage, but a few months into renting they made us take over water/sewage bill...can we be reembursed that to?


Asked on 12/27/09, 5:39 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

I am afraid that you have two legal problems, one is the determination that a manufactured home is the same as traditional construction and it is not considered a mobile home, and if it is real estate, then there is common law that requires contracts regarding real estate which will not be performed in less than one year, be in writing. Two, what can you do to prove that there was a contract and the terms of the contract.

By your own statement, no purchase price was set and the landlord changed the agreement regarding the water, so it sounds like the there was no specific agreement and therefore no contract. The landlord seems to have jerked you around to get you to make improvements to the property.

You could sue the landlord for the cost of the improvements to the property as unjust enrichment to the landlord, but again you have to prove your case.

Read more
Answered on 1/02/10, 2:11 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Arizona