questions & answers

Question: The mobile home park I live in is corporate owned. February, 2018, the park got a new manager. The manager sent out a general letter stating that, starting 2/12/18 lot inspections will be conducted and then every two weeks after. Is management required by law to send a letter to each individual resident, specifying the date in which a uniformed employee will be on the rented space for inspection? Is management allowed to just send a general letter? In the past, they have come onto the property without any prior notice, have taken pictures, then sent a warning for rule violations.

Answer: Under A.R.S. 33-1453 of the Arizona Mobile Home Parks Residential Landlord and Tenant Act, “the landlord has no right of access to a mobile home owned by a tenant” (although both parties may agree in writing to give the landlord access). But your question concerns the rented lot space, rather than the mobile home itself. Under A.R.S. 33-1484, “if the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case, the tenant may recover actual damages not less than an amount equal to one month’s rent plus attorney’s fees, plus any unused prepaid rent.” So the issue is whether the new property manager’s announced inspection schedule (1) reflects a lawful purpose and (2) will not have the effect of unreasonably harassing the tenant. Unlike the Arizona Residential Landlord and Tenant Act, the Mobile Home Parks Act does not specify that landlords must provide their tenants with a specific number of days’ advance notice. If you have further questions about your specific situation, you should speak with an attorney. There are links to free and low-cost legal services on this website.