questions & answers

Question: My son rents in a MHP for three years. He has called about different things like no water outlet outside and dishwasher didn't work, etc they told him they would get it fixed. Still no water hook up outside, I fixed the dishwasher, him and I repaired the stove (which went out Thanksgiving day) the exhaust hood doesn't work. They haven't fixed a thing. The rent has been raised. Now there are adult kids that have tried twice now to break into their Jeep(grabbed his work badge even with an alarm that went off). We aren't the only ones. What can he do. He pays his rent and is quiet unlike others.

Answer: Under the Arizona Residential Landlord and Tenant Act, which applies when the tenant is renting both the mobile home and the lot space from the mobile home park landlord, the landlord is required to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” (A.R.S. 33-1324). A tenant whose landlord is in violation of A.R.S. 33-1324 has limited options, unless the tenant wishes to leave. Under Arizona law, a tenant may not withhold rent in order to compel the landlord to make required repairs (A.R.S. 33-1368). What the tenant may do is deliver to the landlord a signed and dated letter identifying the problems in detail and requesting that the problems be fixed as soon as reasonably possible. (The tenant should be sure to keep a copy of all correspondence with the landlord for the tenant’s own records.) If, even after a reasonable period of time has passed, then the tenant may provide the landlord with a second written notice informing the landlord that if the problems are not fixed within 10 days, then the rental agreement will terminate (A.R.S. 33-1361). (A tenant who chooses to terminate a rental agreement should be prepared for the possibility that the landlord take the tenant to court, so the problems should be both serious and documented.) If you would like to discuss your specific situation with an attorney, there are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).