Landlord and Tenant - Mobile Home Parks Article

Mobile Home Park Residential Landlord and Tenant Rights and Obligations

This article provides an overview of some of the rules and regulations that apply to rented mobile homes and rented mobile home spaces within mobile home parks in Arizona. Mobile home parks are defined as parcels of land that have 4 or more mobile home spaces. Rented mobile homes and rented mobile home spaces are governed by the Arizona Mobile Home Parks Residential Landlord And Tenant Act (A.R.S. Title 33 Chapter 11) and all references cited are to the applicable portion of the Arizona Revised Statutes (A.R.S.).

The purpose of the Arizona Mobile Home Parks Residential Landlord and Tenant Act is to clarify the rights and obligations of landlords and tenants and to encourage both landlords and tenants to ensure that quality rental housing remains available to all Arizonans (A.R.S. § 33-1402). It is important to note that every right and obligation described in the Act imposes an obligation of “good faith” on both landlords and tenants (A.R.S. § 33-1410), which means that if and when disputes arise, both sides must treat the other honestly and fairly.

These rules and regulations do not apply to rented apartments and condos and houses. Rented apartments and condos and houses are governed by the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10).

An electronic version of the Arizona Mobile Home Parks Residential Landlord And Tenant Act may be accessed here: https://www.dfbls.az.gov/userfiles/files/MHP%20LTA_as%20of%20January%202012%20(3)(1).pdf

The following rules and regulations apply to rented mobile homes and rented mobile home spaces within mobile home parks in Arizona:

A signed written rental agreement is required

At the beginning of a tenancy, the landlord (or a designated agent of the landlord) and the tenant both must sign a written rental agreement. The rental agreement must specify both the amount of the rent that the tenant will be required to pay and the amount of any security deposit that the landlord will charge (A.R.S. § 33-1413(A)).

Before the rental agreement is signed the landlord (or authorized agent) must provide the tenant with the statements of policy of the mobile home park as well as the expiration date of each statement (A.R.S. § 33-1436). (Neither the landlord nor any successor in interest (i.e. any future landlord) may delete or change a statement of policy while it is in force.)

These statements of policy must be attached to the rental agreement and must include statements concerning each the following:

1. the classification of the mobile home park as a family community or a housing community for older persons
2. the period of time before any change in use is expected
3. any method of determining rent changes
4. the right of first refusal on the sale of the mobile home park if any is given to the tenants and the conditions under which that right may be exercised
5. the size and other specifications of mobile homes allowed in the mobile home park including whether the mobile home must be new or used and whether it must be set at ground level or above ground level
6. improvements required as a condition of tenancy (If consistent with the rental agreement, the statement of policy may require improvements that the tenant will be required to furnish, install, and maintain, and that constitute permanent improvements that cannot be removed at the expiration of the rental agreement, including the estimated cost of each permanent improvement. Any change in a statement of policy regarding permanent improvements does not apply to an existing tenant or to any renewal of a rental agreement by an existing tenant.)
7. that insuring the mobile home is the tenant’s responsibility, including fire department response insurance in unincorporated areas

the landlord must notify all tenants of any new statement of policy at least 60 days before the expiration of the current statement of policy

The landlord also must attach to the rental agreement a statement signed by the prospective tenant (A.R.S. § 33-1413(D)) acknowledging receipt of:

1.(a) the name and address of the person authorized to manage the premises
   (b) the name and address of the owner of the premises.
   (c) if applicable, the name and address of a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands; and
   (d) for a prospective tenant on an initial rental agreement: a written statement showing all rent increases for the 3 full calendar years immediately preceding the prospective initial rental agreement date (A.R.S. § 33-1432). (This applies to basic space rental only and not to other fees such as late charges, guest fees, and utility charges.)
2. a copy of the most recent official Department of Housing summary of the Arizona Mobile Home Parks Residential Landlord And Tenant Act (A.R.S. § 33-1432); and
3. a copy of the landlord’s current written rules or regulations concerning tenants’ use and occupancy of the premises (A.R.S. § 33-1452).

Deposits (security/damages/cleaning/landscaping/etc.)

A mobile home park landlord may ask for up to (but no more than) two months’ rent as a deposit (A.R.S. § 33-1431). (A tenant may voluntarily pay more than two months’ rent in advance if the tenant so wishes.)

A mobile home park landlord must pay at least 5% annual interest to the tenant on any deposit. This interest may be paid either annually or compounded (A.R.S. § 33-1431).

Landlord obligation to maintain fit premises

A mobile home park landlord must “maintain fit premises” (A.R.S. § 33-1434):

1. comply with the requirements of all applicable city, county, and state codes materially affecting health and safety
2. make all repairs and do whatever else may be necessary to ensure that the premises remain in a fit and habitable condition
3. keep all common areas in a clean and safe condition
4. maintain in good and safe working order and condition all swimming pool, shower, bathhouse, electrical, plumbing and sanitary facilities, including the recreational hall or meeting facilities supplied or required to be supplied or maintained by the landlord
5. provide for the removal of garbage, rubbish, and other waste incidental to the occupancy of the mobile home space
6. furnish outlets for electric, water, and sewer services. (The landlord must also furnish a prospective tenant with information concerning the type, size, and power rating of all electrical, water, and sewer connections.)
7. provide notice of any proposed interruption of utility service within a reasonable time frame (except in the case of an interruption caused by an emergency)

Tenant options if/when landlord fails to comply with landlord’s obligations

If a mobile home park landlord breaches the landlord’s obligations under the rental agreement (whether by not doing something that the landlord should do or by doing something that the landlord should not do), then the tenant may deliver to the landlord written notice identifying the problem and stating that if the problem is not fixed within 14 days then the rental agreement will terminate on a date at least 30 days after the landlord receives this notice (A.R.S. § 33-1471).

If a mobile home park landlord breaches the landlord’s obligations in way that “materially affects health and safety” (under A.R.S. § 33-1434, above) then the tenant may deliver to the landlord written notice identifying the problem and stating that if the problem is not fixed within 10 days then the rental agreement will terminate on a date at least 20 days after the landlord receives this notice (A.R.S. § 33-1471).

Exceptions: the rental agreement will not terminate if:

(i) the landlord is able to fix the problem either by making repairs or paying damages to the tenant before the date specified in the written notice; or
(ii) the tenant him/herself (or anyone else on the premises with the permission of the tenant) deliberately or negligently caused the problem in the first place

If a mobile home park landlord fails to fix the problem within the specified period of time, then the tenant also has the option of notifying the landlord of the tenant’s intention to fix the problem him/herself at the landlord’s expense. If the landlord receives written notice of the tenant’s intention to fix the problem, and still does nothing – either after 20 days if the problem is not too serious or as soon as necessary in the case of an emergency – then the tenant may have the work done by a licensed contractor and, after submitting to the landlord an itemized statement of the work completed as well as a waiver of lien, deduct from his rent the actual and reasonable cost of the work from the tenant’s next rent payment (A.R.S. § 33-1473).

If a mobile home park landlord unlawfully removes or excludes a tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water, or other essential service to the tenant, then the tenant may either (1) recover possession of the premises or terminate the rental agreement and (in either case) (2) recover an amount equal to two months’ rent and twice the actual damages sustained by the tenant (A.R.S. § 33-1475).

Tenant obligation to maintain mobile home space

A mobile home park tenant is required to maintain the rented mobile home or mobile home space in as good condition as when the tenant took possession (A.R.S. § 33-1451). The tenant also must:

1. comply with all obligations primarily imposed on tenants by applicable provisions of city, county, and state codes materially affecting health and safety
2. keep the premises clean and safe
3. dispose from the tenant’s mobile home space all rubbish, garbage, and other waste in a clean and safe manner as prescribed by park rules
4. not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so
5. conduct himself/herself and require other persons on the premises with the tenant’s consent to conduct themselves in a manner that will not disturb the tenant’s neighbors’ peaceful enjoyment of the premises

Landlord options if/when tenant fails to comply with tenant’s obligations

If a mobile home park tenant breaches the tenant’s obligations under the rental agreement (whether by doing something that the tenant should not do or by not doing something that the tenant should do), then the landlord may deliver to the tenant written notice identifying the problem and stating that if the problem is not fixed within 14 days then the rental agreement will terminate on a date at least 30 days after the tenant receives this notice (A.R.S. § 33-1476).

If a mobile home park tenant breaches the tenant’s obligations in way that “materially affects health and safety” (under A.R.S. § 33-1451, above) then the landlord may deliver to the tenant written notice identifying the problem and stating that if the problem is not fixed within 10 days then the rental agreement will terminate on a date at least 20 days after the landlord receives this notice (A.R.S. § 33-1476).

If the problem can be remedied by repairs, replacement of a damaged item, or cleaning – and the tenant fails to fix the problem within 10 days after receiving written notice from the landlord identifying the problem and requesting that the tenant fix it with that period of time (or right away in the case of an emergency) – then the landlord may enter the mobile home space, have the work done in a professional manner, and submit an itemized bill for the actual and reasonable cost, or the fair and reasonable value, of that work, as additional rent on the next date when rent is due, or if the rental agreement was terminated, for immediate payment (A.R.S. § 33-1477).

If a mobile home park tenant breaches the tenant’s obligations in a way that is both “material and irreparable” and occurs on the premises – including (among other things) the illegal discharge of a weapon, homicide, the infliction of serious bodily harm, assault, threatening or intimidating, criminal street gang activity, criminal activity involving serious property damage, prostitution, unlawful drug manufacturing/selling/transferring/possessing/using/storing, or nuisance – then the landlord may deliver written notice to the tenant immediately terminating the rental agreement (A.R.S. § 33-1476).

Landlord option if/when tenant fails to pay rent

If a mobile home park tenant fails to pay rent when it is due, the landlord may deliver to the tenant written notice requesting the immediate payment of the rent that is owed and stating that if the rent is not paid within 7 days then the rental agreement will terminate (A.R.S. § 33-1476). If the tenant fails to pay rent within the 7-day period, then the landlord may terminate the rental agreement. (For more information on the eviction (or “special detainer”) process, please refer to the article on this website entitled “Evictions.”)

Landlord obligation to terminate a rental agreement or to not renew a rental agreement only for good cause

A mobile home park landlord may only terminate a rental agreement or choose not to renew a rental agreement “for good cause” (A.R.S. § 33-1476). “Good cause” means any of the following:

(i) noncompliance by the tenant with any provision of the rental agreement
(ii) nonpayment of rent by the tenant
(iii) a change in use of the land on which the mobile home park is located
(iv) “clear and convincing evidence” that the tenant has repeatedly violated any provision of (and thereby established a pattern of noncompliance with) the Arizona Mobile Home Parks Residential Landlord and Tenant Act

Mobile Home Relocation Fund

The Mobile Home Relocation Fund is administered by the Arizona Department of Fire, Building and Life Safety (see https://www.dfbls.az.gov/lta/relocation.aspx).

A mobile home park tenant may obtain money from the Mobile Home Relocation Fund in the case of:

(i) closure of the park
(ii) redevelopment of the park
(iii) a qualifying rent increase
(iv) a change in community age restriction; or
(v) rehabilitation of a pre-HUD home (built before June 15, 1976)

Rent increase notice

A mobile home park landlord must give each tenant written notice of a rent increase at least 90 days prior to expiration of the rental agreement, unless the rent increase reflects actual increased costs in insurance, taxes, or utilities AND the rental agreement states that the landlord may increase the rent immediately for these purposes AND the landlord substantiates the increase in writing (A.R.S. §§ 33-1413(G) and (I)).

If the landlord increases the rent in any 12-month period by more than 10% plus the most recent one-year increase in the Consumer Price Index, then the tenant is eligible for assistance from the Mobile Home Relocation Fund.

Change in age restriction notice

A mobile home park landlord must give tenants at least 60 days written notice before a change in age restriction for the park (A.R.S. § 33-1476.5).

Change in use / park closure or redevelopment notice

A mobile home park landlord must give tenants at least 180 days written notice before a change in use or closure or redevelopment of the park (A.R.S. § 33-1476.01(A)).

Tenant move-out process

A mobile home park tenant who plans to move out at the end of a rental agreement must provide formal written notice to the landlord or manager of the mobile home park at least 30 days before the expiration of the rental agreement informing the landlord or manager that the tenant will be vacating the premises at the end of the rental agreement (A.R.S. § 33-1451). This 30-day advance notice requirement is very important because a tenant who fails to provide the appropriate notice may be charged for additional rent even after the tenant moves out.

A mobile home park tenant may not remove a mobile home from a mobile home space (or have anyone enter the mobile home park to begin work on the removal of a mobile home) unless the tenant has received from the landlord a formal clearance for removal showing that all money owed to the landlord as of the date of removal has been paid or that the landlord and the tenant have otherwise agreed to the removal (A.R.S. § 33-1451). (A landlord may not interfere with the removal of a mobile home for any reason other than the non-payment of money still owed to the landlord as of the date of removal even if the term of the rental agreement has not yet expired.)