questions & answers

Question: I have a buyer for my mobile home and the mobile home park that I rent a space from told me I can not sell my mobile home until I fix the cracked concrete driveway and remove a storage shed that was there when I purchased the home 20 yrs ago. Is this legal?

Answer: Under the Arizona Mobile Home Parks Residential Landlord and Tenant Act, a mobile home park landlord may not “deny any resident of a mobile home park the right to sell the resident’s mobile home at a price of the resident’s own choosing during the term of the tenant's rental agreement, but the landlord may reserve the right to approve the purchaser of such mobile home as a tenant but such permission may not be unreasonably withheld, except that the landlord may require ... in order to preserve or upgrade the quality of the mobile home park, that any mobile home not in compliance with the landlord’s current rules and regulations and statements of policy, in a rundown condition or in disrepair be removed from the park within sixty days. Within ten days of a written request by the seller or prospective purchaser, a landlord shall notify the seller and the prospective purchaser in writing of any reasons for withholding approval of a purchaser pursuant to this paragraph. The notice to the prospective purchaser shall identify the reasons for disapproval with reasonable specificity. The notice to the seller shall identify the reasons in summary fashion consistent with applicable federal and state consumer protection laws and shall inform the seller that the seller should consult with the prospective purchaser for more specific details” (A.R.S. 33-1452). Under the Act, a mobile home park landlord is required (among other things) to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” (A.R.S. 33-1434). Ordinarily, driveway repairs are the responsibility of the landlord. If you believe that your landlord is acting unlawfully, then you may wish to speak with a legal advocate. There are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).