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TexLaw
TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I live in a mobile home community. The mobile home next door

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I live in a mobile home community. The mobile home next door is vacant. The smoke alarm has been beeping since 2AM last night. The police came and said they could not break in. The community manager has no key. They cannot reach the previous owner. The fire department cannot break in unless there is smoke and/or fire. We have been told that we simply have to wait until the battery goes dead. We cannot sleep and need to. Any ideas? Elizabeth in Arizona

Hi,

 

I can't imagine how frustrating this is. Unfortunately, there are no self-help procedures in Arizona which would allow you to enter the premises to turn the alarm off.

 

That being said, you state that the previous owner cannot be found. Who is the current owner of the mobile home?

 

-ZDN

Customer: replied 4 years ago.

I did not mean previous owner, I meant that the person who lived in the home is no longer there. The management tried calling that person, but the phone no longer works. To be honest, after the quick departure of the tenants, some detectives came by and asked questions about them. They have been out of the building for at least 6 months.

 

If you were to break into the residence and turn the alarm off, you risk being charged with breaking and entering, or with trespass if you were caught.

 

That being said, I'm sure it is very tempting to simply somehow get into the home and turn off the alarm. If I were in your shoes I would be tempted to do the same, but I cannot guarantee you that you wouldn't have legal reprocussions result from doing this.

 

There is no legal method of getting into the property without a court order.

 

If the management company has a right to enter the property, then they should get a locksmith to come out and open it up. You might suggest this to them (or rather demand that they do it, as you have a right to quiet enjoyment of your property).

Customer: replied 4 years ago.

The post office has labeled the property "vacant" via a sign posted inside the mailbox which is next to our mailbox. Does this make the management responsible for anything? Is it their job to keep records up-to-date? Do the rights of a "lost" tenant supersede mine? How do we get a court order?

You would file a suit against the property "in rem" seeking a temporary injunction and entry order allowing you to enter on the land to stop the nuisance. This would generally take a lawyer to do and it isn't something that you can get your money back on.

As far as the management company goes, I'm a bit unclear. Do people rent the mobile home from the management company? If so, then it would be the management company's responsibility.

Also, the management company might have a right to enter the mobile home to stop a nuisance as part of the agreement to rent a spot in the park.

If the property is abandonned, and it is in the Park, the management company should have the right to enter it.

Your best bet is to force the management company to get a locksmith.


TexLaw and 8 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

Thanks! A+ Elizabeth

Good luck!

-ZDN