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Arizona Revised Statutes - Title 33 Property - Chapter 11 Arizona Mobile Home Parks Residential Landlord and Tenant Act

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  • 33-1401 - Short title
    This chapter shall be known and may be cited as the Arizona mobile home parks residential landlord and tenant act.
  • 33-1402 - Purposes
    Underlying purposes and policies of this chapter are: 1. To simplify, clarify and establish the law governing the rental of mobile home spaces and rights...
  • 33-1403 - Supplementary principles of law applicable
    Unless displaced by the provisions of this chapter, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations,...
  • 33-1404 - Administration of remedies; enforcement
    A. The remedies provided by this chapter shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party has a duty...
  • 33-1405 - Settlement of disputed claim or right
    A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.
  • 33-1406 - Territorial application
    This chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a mobile home space in a mobile...
  • 33-1407 - Exclusions from application of chapter
    A. This chapter does not apply to an occupancy in or operation of public housing as authorized, provided or conducted under or pursuant to title...
  • 33-1408 - Jurisdiction and service of process; recovery of attorney fees; treble damages
    A. The appropriate court of this state may exercise jurisdiction over any landlord or tenant with respect to any conduct in this state governed by...
  • 33-1409 - General definitions
    Subject to additional definitions which are contained in subsequent articles of this chapter and which apply to those specific articles, and unless the context otherwise...
  • 33-1410 - Obligation of good faith
    Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under...
  • 33-1411 - Unconscionability
    A. If the hearing officer or court, as a matter of law, finds: 1. That a rental agreement or any provision thereof was unconscionable when...
  • 33-1412 - Notice
    A. A person has notice of a fact if he has actual knowledge of it, has received a notice or notification of it or from...
  • 33-1413 - Terms and conditions of rental agreement
    A. At the beginning of the tenancy, a signed, written rental agreement must be executed by the landlord or designated agent and a tenant. The...
  • 33-1413.01 - Utility charges; waste, garbage and rubbish removal charges
    A. If a landlord charges separately for gas, water or electricity there shall be a separate meter for every user. For each billing period the...
  • 33-1413.02 - Guest fee
    The rental agreement may provide that the landlord may charge a guest fee.
  • 33-1413.03 - Care givers; treatment plan
    A resident may have one person at least eighteen years of age occupy the resident's mobile home on a temporary basis to provide necessary live-in...
  • 33-1414 - Prohibited provisions in rental agreements; late payment penalty
    A. A rental agreement shall not provide that the tenant agrees to: 1. Waive or to forego rights or remedies under this chapter. 2. Pay...
  • 33-1415 - Separation of rents and obligations to maintain property forbidden
    A rental agreement, assignment, conveyance, trust deed or security instrument may not permit the receipt of rent, unless the landlord has agreed to comply with...
  • 33-1416 - Preemption by state; regulation of rents; exception
    A. Notwithstanding any other provision of law, the state legislature determines that the imposition of rent control on mobile home spaces by counties, cities, including...
  • 33-1417 - Rebates and referrals prohibited; mobile homes and manufactured homes; damages
    A. A landlord shall not offer, solicit, pay, receive or require from another landlord or from a person who is licensed pursuant to title 41,...
  • 33-1418 - Incorporated tenants' park purchase association
    A. An incorporated tenants' park purchase association may be formed for the purpose of giving written notification to the owner of a mobile home park...
  • 33-1431 - Security deposits
    A. A landlord shall not demand or receive as security, however denominated, prepaid rent in an amount or value in excess of two months' rent....
  • 33-1432 - Disclosure of written rental agreement
    A. The landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing before...
  • 33-1433 - Landlord to deliver possession of mobile home space
    At the commencement of the term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and section...
  • 33-1434 - Landlord to maintain fit premises
    A. The landlord shall: 1. Comply with the requirements of all applicable city, county and state codes materially affecting health and safety. 2. Make all...
  • 33-1435 - Limitation of liability
    A. Unless otherwise agreed, a landlord who conveys premises that include a mobile home space subject to a rental agreement in a good faith sale...
  • 33-1436 - Statement of policy; amendment; contents; new statements
    A. Before execution of the rental agreement the landlord or any person authorized to enter into the rental agreement shall provide the tenant with the...
  • 33-1437 - Education requirements for park managers; complaint; administrative hearing; civil penalty
    A. Within six months after employment as a park manager, a park manager shall complete at least six hours of educational programs and shall complete...
  • 33-1438 - Transfer of records; sale of park
    On the sale or other transfer of a mobile home park, the landlord shall deliver to the buyer or other transferee all available plans, drawings...
  • 33-1451 - Tenant to maintain mobile home space; notice of vacating; clearance for removal
    A. A tenant of a mobile home space shall exercise diligence to maintain that part of the premises which he has rented in as good...
  • 33-1452 - Rules and regulations
    A. A landlord shall adopt written rules or regulations, however described, concerning the tenant's use and occupancy of the premises. Such rules or regulations are...
  • 33-1453 - Access
    A. The landlord has no right of access to a mobile home owned by a tenant. B. The landlord and tenant may mutually agree, in...
  • 33-1454 - Tenant to occupy as a dwelling unit; authority to sublet
    A. Unless otherwise agreed, the tenant shall occupy the tenant's mobile home only as a dwelling unit and may sublet, upon written agreement with the...
  • 33-1471 - Noncompliance by the landlord
    A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, the rules and regulations or...
  • 33-1472 - Failure to deliver possession
    A. If the landlord fails to deliver physical possession of the mobile home space to the tenant as provided in section 33-1433, rent abates until...
  • 33-1473 - Self‑help for minor defects
    33-1473. Self-help for minor defects A. If the landlord fails to comply with section 33-1434, the tenant may recover damages for the breach under section...
  • 33-1474 - Wrongful failure to supply essential services
    A. If contrary to the rental agreement or section 33-1434, the landlord deliberately or negligently fails to supply essential services, the tenant may give reasonable...
  • 33-1475 - Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services
    If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption...
  • 33-1476 - Termination or nonrenewal of rental agreement by landlord; noncompliance with rental agreement by tenant; failure to pay rent
    A. The landlord shall specify the reason or reasons for the termination or nonrenewal of any tenancy in the mobile home park. The reason or...
  • 33-1476.01 - Change in use; notices; compensation for moving expenses; payments by the landlord
    A. The landlord shall notify the director and all tenants in writing of a change in use at least one hundred eighty days before the...
  • 33-1476.02 - Mobile home relocation fund; investment of monies
    A. The mobile home relocation fund is established consisting of monies collected pursuant to section 33-1476.03 and any surcharge collected pursuant to section 33-1437. The...
  • 33-1476.03 - Assessments for mobile home relocation fund; waiver
    A. In order to provide monies for the mobile home relocation fund, each owner of a mobile home located in a mobile home park who...
  • 33-1476.04 - Relocations due to rent increase; mobile home relocation fund; applicability
    A. A tenant is eligible for payment from the mobile home relocation fund if all of the following conditions are met: 1. The tenant resides...
  • 33-1476.05 - Relocations due to change in age restricted community use; payment from mobile home relocation fund; applicability
    A. The landlord shall notify the director and all tenants in writing of a change in use at least sixty days before a change in...
  • 33-1477 - Failure to maintain by tenant
    If there is noncompliance by the tenant with section 33-1451 materially affecting health and safety that can be remedied by repair, replacement of a damaged...
  • 33-1478 - Remedies for abandonment; required registration
    A. If the tenant abandons the mobile home unit on a mobile home space, it is incumbent upon the landlord to locate the legal owner...
  • 33-1480 - Landlord liens; distraint for rent abolished
    A. A lien or security interest on behalf of the landlord in the tenant's household goods is not enforceable unless perfected before the effective date...
  • 33-1481 - Remedy after termination
    A. If the rental agreement is terminated, the landlord may have a claim for possession of the mobile home space and for rent and a...
  • 33-1482 - Recovery of possession limited
    A landlord may not recover or take possession of the mobile home space by action or otherwise, including wilful diminution of services to the tenant...
  • 33-1483 - Periodic tenancy; holdover remedies
    A. The landlord may terminate a tenancy only as provided in this chapter. B. If the tenant remains in possession without the landlord's consent after...
  • 33-1484 - Landlord and tenant remedies for abuse of access
    A. If the tenant refuses to allow lawful access, the landlord may terminate the rental agreement and may recover actual damages. B. If the landlord...
  • 33-1485 - Special detainer actions; service; trial postponement
    A. Special detainer actions shall be instituted for remedies prescribed in section 33-1476, subsection D, paragraph 3. Except as provided in this section, the procedure...
  • 33-1485.01 - Removal of mobile home from mobile home park; violation; joint and several liability
    A. A tenant or a tenant's successor in interest shall provide the landlord with a written notification of intent to remove a mobile home from...
  • 33-1491 - Retaliatory conduct prohibited; eviction
    A. Except as provided in this section, a landlord shall not retaliate by increasing rent or decreasing services or by bringing or threatening to bring...
  • 33-1501 - Affidavit of affixture for mobile home in mobile home park
    A. Notwithstanding any other statute, a person who owns a mobile home that is located in a mobile home park on real property that is...
  • Last modified: February 20, 2012