questions & answers
Question: I have owned a mobile home (and leased a space)in a 55+ park for 12 yrs. New owner has converted the park into a noisy " RV " park , allowing noisy off-road vehicles to screech up and down the streets where the residents live. The noise is unnerving, invasive and violates any concept of 'quiet enjoyment ' .The owners refuse to do anything about it. Residents have invested much for their mobile homes in this park . Can the landlord be compelled to cease allowing noisy off-road vehicular traffic in the park to ensure peace and quiet for the residents??
Answer: The Arizona Mobile Home Landlord & Tenant Act describes the obligations that the landlord owes to its tenants.
VI. Rules and Regulations
Landlords must give all tenants 30 days written notice by mail of any change in rules. A.R.S. § 33-1452(D).
Rules must apply in a fair manner to all tenants. A.R.S. § 33-1452(A)(3).
Landlord has the right to approve prospective buyers of homes in the park, however approval cannot be unreasonably withheld; if requested in writing, the landlord shall send a notice to the prospective purchaser to identify the reasons for disapproval; landlord can force someone bringing a home into the park to make permanent improvements if they are written in rules or statements of policy and he discloses the approximate cost of the improvements to the prospective tenant; landlord cannot force an existing tenant, even if he is selling his home, to make permanent improvements, nor can he force the buyer of a home already in the park to make permanent improvements. A.R.S. § 33-1452(E).
“Permanent Improvements” are those that cannot be removed without damaging the improvement or the space. A.R.S. § 33-1452(E)(6).
Landlord does have the right to upgrade his park. This can be done by rules and statements of policy stating the condition of homes allowed in the park. Landlord cannot force current residents to move their homes from the park, but can force purchasers to move them upon sale of the home. However, a landlord cannot require replacement of siding and skirting on an existing home in the park which is sold unless the replacement will significantly change or improve the appearance of the mobile home. A.R.S. § 33-1452 (A),(B, (C), and (D).
On the sale of a mobile home manufactured after June 15, 1976, to a tenant otherwise qualified for tenancy, a landlord shall not require removal of the mobile home from the park solely because of the age of the mobile home. A.R.S. § 33-1452(L).
Landlord must give tenants an emergency phone number when the park is left unattended in addition to the name and address of park owner, park manager, and the person authorized to accept service of process for notices and demands. A.R.S. §§ 33-1432(A) and 33-1452(F).
Landlord shall not prohibit meetings of tenants to discuss issues related to mobile home lifestyle. A.R.S. § 33-1452(G).
Landlord does not have right to access tenant’s mobile home unless tenant gives landlord written permission. A.R.S. § 33-1453.
VII. Landlord’s Obligations
Security Deposits – amount of any security deposit should be stated in each rental agreement and cannot exceed 2 months rent unless the tenant voluntarily agrees to pay more; cannot be changed after initial rental agreement is executed; landlord must pay or accrue 5% annual interest on deposit. A.R.S. § 33-1431.
Landlord must maintain fit, safe and habitable premises. A.R.S. § 33-1434.
Required disclosures for new tenants: (1) Written disclosure of rent increases over the three full calendar years immediately preceding the effective date of the rental agreement; (2) Identity of manager, owner and statutory agent of park; (3) Information on utility connections; (4) Information on fire protection services. A.R.S. § 33-1432.
Landlord must provide tenant with a Statement of Policy (a park can only have one set of statements of policy in effect for all residents at any one time). A.R.S. § 33-1436(A) and (D).
Park managers must show proof of completing at least six hours of continuing education every two years. Parks failing to comply are subject to civil penalties. Parks managers must post such proof of completion in a conspicuous place at the mobile home park. A.R.S. §§ 33- 1409(9) and 33-1437.
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For legal advice regarding your issue, you may want to contact a licensed attorney.
I have owned a mobile home (and leased a space)in a 55+ park for 12 yrs. New owner has converted the park into a noisy " RV " park , allowing noisy off-road vehicles to screech up and down the streets where the residents live. The noise is unnerving, invasive and violates any concept of 'quiet enjoyment ' .The owners refuse to do anything about it. Residents have invested much for their mobile homes in this park . Can the landlord be compelled to cease allowing noisy off-road vehicular traffic in the park to ensure peace and quiet for the residents??
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