questions & answers

Question: M.H. owner & M.H. space renter of 19 yrs.. finally given :. agreement but don't follow AZ. laws. Sent a request to Landlord to bring lease up to fo;;ow M.H.P provisions but still no response back from him. They now are trying to evict for late rent payment they refused because I didn't include utility charges due to the unlawful ways of billing proof. I told them to first meet the request's of the lease and then it will be paid. I had full rent $400.00. Utilities are separate from rent. Can they still refuse my rent payment for space? And what are my rights if lease is unlawful?

Answer: This is for informational purposes only, you may want to consult an attorney for legal advice. Under A.R.S. 33-1413.01 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 cost of the charges for the period shall be separately stated, along with the opening and the closing meter readings and the dates of the meter readings. Each bill shall show the computation of the charge generally in accordance with the serving utility company billing format for individual service supplied through a single service meter. B. If the landlord separately charges for utilities, the landlord shall not charge more than the prevailing basic service single family residential rate charged by the serving utility or provider. (Revised with laws in effect as of August 15, 2014) 9 C. For the purpose of regulating mobile home parks as public or consecutive water systems, the state shall not adopt rules pursuant to title 49, chapter 2, article 9, that are more stringent than authorized by the federal government. Submetering solely to determine the charges for individual water use by park tenants for the purpose of water conservation, without other evidence indicating a transaction subject to regulation under title 49, chapter 2, article 9, shall not be used as a basis for treating any mobile home park as a public or consecutive water system. D. A landlord may charge separately for removal of waste, garbage, rubbish, refuse and trash and for sewer services. Any charges for removal or sewer services may not exceed the prevailing single family residential charge, fee or rate for these services levied by the political subdivision or provider. Under 13-1471 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 statements of policy, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days. In short, your landlord must follow the terms of your lease. A valid lease must not contradict Arizona law.