Hello everyone, and thank you in advance for any help or light you may shed on this.
First of all, I live in Arizona. I purchased a nice 5th wheel RV and rented a space in an RV park to place it on. My plans were to make it a temporary home until I got a new business off the ground.
At the beginning I was doing well financially, but then a couple months ago a personal crisis struck and relieved me of my funds. For the first time I was unable to make my rent payment on time. The following is a chronology of events:
04-18 Rented space at RV park. Paid pro-rated rent
05-01 Paid rent for month of May
06-01 Paid rent for month of June
07-01 I failed to make rent payment for July
07-07 Received 5 day pay or quit notice.
07-12 On last day of pay or quit notice, I turned in my notice to
vacate the space within 10 days.
07-13 I moved my 5th wheel off the premises and out of the RV park.
I have sold the 5th wheel, but have not received the money
for it yet.
I moved in with my ex-wife/best friend, who rents a unit in the
same RV park
07-21 The space I had vacated was then rented to someone else
07-24 I received a Special Detainer (eviction notice) and summons to
appear in court on 08-01
08-01 I appeared in court to answer the summons and plead my case
The court ordered that I pay the property owner for the entire
month of July, pay a late fee, pay the attorneyís fees and pay
the court costs. It was also ordered that I vacate the
premises by 08-06 or would be forceably removed by the
During the court session I agreed that I was in debt to the property owner and said that I would be glad to make payment arrangements with him. The attorney for the property owner said it was unacceptable, and that I was to pay the debt in full, leave the RV park and would be banned from returning onto the property in the future.
The above seemed like rather harsh terms and a little unfair to me. I had been a very quiet resident, never made a disturbance and got along with everyone. The amount of money weíre talking about here was less than $400 (now itís $700 w/attorney fees, etc), and it was the first time I was delinquent. I offered to make payment arrangements, but was refused. I vacated the space on 07-13 to be accommodating to the property owner. In light of things, I should have stayed the entire month, since Iím being charged for it.
So, now Iím a little ticked off. I suppose the property owner has the right to have me removed from the park and be forever banned, even though I was a good resident except for being delinquent on one rent payment. So be it. However, since I moved out in such short order, the property owner re-rented my old space to someone else on 07-21. Since the court ordered me to pay the full monthís rent for July, that means he is receiving double rent for the period 07-21 thru 07-31. To my way of thinking, this is not only unfair, but is possibly teetering on illegal.
My questions are as follows:
1) Can the landlord legally charge me for a full month rent for July
while renting my old space to someone else on 07-21?
2) If the answer is ďNoĒ, then what course of action can I take to
resolve this matter?
3) Since I vacated the rental space at issue here on 07-13, can
the landlord have the authorities remove me from the residence
Iím currently in, which is a different unit in the same RV park?
4) Can I have the original court decision/order stricken since it
demands I pay the full month of July, while the same space was
being rented to another individual for almost Ĺ the same
5) Do I have grounds for appealing the courtís decision? If so, how
do I go about this?
If I am removed from my current residence it will leave me in a homeless situation. I have never been in this situation before, and it frightens me. I donít have the cash to secure a new place, or pay the landlord in full, since I havenít yet received the money for the sale of my 5th wheel. I feel like Iím backed into a corner and only have a couple days left to come up with a solution.
Sorry for the lengthy post. I hope I made it clear. Any advice, suggestions, etc. is most welcomed and appreciated. Iím in an awful position and could sure use it.
Thank you very much for your help.