[AZ] The rent hsn’t been paid for 3 years on our deceased parents’ mobile home. As successor trustee of our parents’ estate, should I send the intent to vacate and surrender the mobile home to the owner?
Hi! The rent hasn’t been paid for 3 years on our deceased parents mobile home which was given to my sister under our Mother’s will/trust. The owner has sent a Notice of Termination of Rental Agreement for non-payment (7 day) certified letter to me, as my sister has not responded to his requests. My question is this — as successor trustee of our parents estate should I compose the intent to vacate and surrender the mobile home to the owner? The deed is still in our parent’s name.
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Yes. As successor trustee, you should immediately send the park owner a written notice acknowledging the termination and offering to vacate and surrender the home: for example, “As successor trustee of the [name] Trust, I hereby acknowledge receipt of your 7-day Notice of Termination for non-payment and intend to vacate and surrender possession of the mobile home at [address] no later than [date]. Please advise me of any procedures you require for repossession.”
Under A.R.S. § 33-1415, this puts you on record as cooperating with the landlord’s repossession rights and helps avoid a forcible lock-out.
At the same time, because title is still in your parents’ names, you should record either an Affidavit of Death of Trustee and a Trustee’s Deed (or Executor’s Deed) conveying legal title to the trust (or directly to your sister) so that, once vacated, the owner can clear title and sell the unit without dispute.
Finally, keep certified-mail receipts and proof of service of your surrender letter; if the owner thereafter exercises its statutory lien under A.R.S. § 33-1472, you’ll be able to show good-faith compliance and minimize any liability for removal or storage costs.
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Hi! The rent hasn’t been paid for 3 years on our deceased parents mobile home which was given to my sister under our Mother’s will/trust. The owner has sent a Notice of Termination of Rental Agreement for non-payment (7 day) certified letter to me, as my sister has not responded to his requests. My question is this — as successor trustee of our parents estate should I compose the intent to vacate and surrender the mobile home to the owner? The deed is still in our parent’s name.
Lexi, Chatbot
I'm sorry to hear about the situation with the mobile home. Are you currently in possession of the mobile home?
My sister has used it as a summer getaway-away and has made two trips intending to move beloved items out from home!
Lexi, Chatbot
Have you consulted with a real estate lawyer regarding the terms of the will/trust and the legal implications of surrendering the mobile home?
No! I have not! Nor has my sister.
Lexi, Chatbot
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with surrendering the mobile home.
My sister would owe $9,290 in back rent and $500 in late fees, however she has no money.
Seth
Hi there! My name is Seth, and I am a licensed attorney. Please know that my responses are for general information only and do not constitute legal advice. Also, you may experience a wait time between responses. That is because I work with multiple customers at the same time. Please know that I will respond as soon as I can. I appreciate your patience. I am reviewing your question now…
What state is this happening in?
Arizona.
Seth
Yes. As successor trustee, you should immediately send the park owner a written notice acknowledging the termination and offering to vacate and surrender the home: for example, “As successor trustee of the [name] Trust, I hereby acknowledge receipt of your 7-day Notice of Termination for non-payment and intend to vacate and surrender possession of the mobile home at [address] no later than [date]. Please advise me of any procedures you require for repossession.”
Under A.R.S. § 33-1415, this puts you on record as cooperating with the landlord’s repossession rights and helps avoid a forcible lock-out.
At the same time, because title is still in your parents’ names, you should record either an Affidavit of Death of Trustee and a Trustee’s Deed (or Executor’s Deed) conveying legal title to the trust (or directly to your sister) so that, once vacated, the owner can clear title and sell the unit without dispute.
Finally, keep certified-mail receipts and proof of service of your surrender letter; if the owner thereafter exercises its statutory lien under A.R.S. § 33-1472, you’ll be able to show good-faith compliance and minimize any liability for removal or storage costs.
Is there a good sample letter that you recommend that will concisely state this information? How long should it be?
Seth
[Your Name]
Successor Trustee, [Name of Trust]
[Your Address]
[City, State ZIP]
[Date]
[Park Owner or Manager Name]
[Park Name]
[Park Address]
[City, State ZIP]
Re: Mobile Home at [Street Address, Lot #]
Dear [Owner/Manager Name]:
I write as successor trustee of the [Name of Trust], the owner of the mobile home located at the above-referenced address. I acknowledge receipt of your 7-day Notice of Termination of Rental Agreement dated [date of notice], for non-payment of rent.
Please accept this letter as formal notice that the Trust intends to vacate and surrender possession of the mobile home no later than [specific vacate date]. I ask that you advise me of any procedures or paperwork you require in order to complete repossession on or after that date.
Because title to the home remains in our deceased parents’ names, I am also arranging to record an Affidavit of Death of Trustee and Trustee’s Deed to clear title in the Trust before we deliver possession.
Thank you for your attention to this matter. Please confirm receipt of this letter and let me know if you have any questions.
Sincerely,
[Your Signature]
[Your Typed Name]
Successor Trustee, [Name of Trust]
Thank you very much! The sample letter helps immensely!
Seth
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