§ 33-1401 – Short title
33-1401. Short title This chapter shall be known and may be cited as the Arizona mobile home parks residential landlord and tenant act.
§ 33-1402 – Purposes
33-1402. Purposes Underlying purposes and policies of this chapter are: 1. To simplify, clarify and establish the law governing the rental of mobile home spaces and rights and obligations of landlord and tenant. 2. To encourage landlord and tenant to maintain and improve the quality of mobile home housing.
§ 33-1403 – Supplementary principles of law applicable
33-1403. Supplementary principles of law applicable Unless displaced by the provisions of this chapter, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating cause […]
§ 33-1404 – Administration of remedies; enforcement; notice and pleading requirements
33-1404. Administration of remedies; enforcement; notice and pleading requirements A. The remedies provided by this chapter shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages. B. Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it […]
§ 33-1405 – Settlement of disputed claim or right
33-1405. Settlement of disputed claim or right A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.
§ 33-1406 – Territorial application
33-1406. Territorial application This chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a mobile home space in a mobile home park located within this state.
§ 33-1407 – Exclusions from application of chapter
33-1407. Exclusions from application of chapter A. This chapter does not apply to an occupancy in or operation of public housing as authorized, provided or conducted under or pursuant to title 36, chapter 12, or under or pursuant to any federal law or regulation that might conflict therewith. B. This chapter does not apply to […]
§ 33-1408 – Jurisdiction and service of process; recovery of attorney fees; treble damages
33-1408. Jurisdiction and service of process; recovery of attorney fees; treble damages A. The appropriate court of this state may exercise jurisdiction over any landlord or tenant with respect to any conduct in this state governed by this chapter or with respect to any claim arising from a transaction subject to this chapter. In addition […]
§ 33-1409 – Definitions
33-1409. Definitions In this chapter unless the context otherwise requires: 1. " Action" includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. 2. " Anniversary date" means an annual date applying to all tenants stated in the rental agreement on which the landlord […]
§ 33-1410 – Obligation of good faith
33-1410. Obligation of good faith Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.
§ 33-1411 – Unconscionability
33-1411. Unconscionability A. If the hearing officer or court, as a matter of law, finds: 1. That a rental agreement or any provision thereof was unconscionable when made, the hearing officer or court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any […]
§ 33-1412 – Notice
33-1412. Notice A. A person has notice of a fact if he has actual knowledge of it, has received a notice or notification of it or from all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person " knows" or " has […]
§ 33-1413 – Terms and conditions of rental agreement
33-1413. Terms and conditions of rental agreement A. At the beginning of the tenancy, a signed, written rental agreement must be executed by the landlord or designated agent and a tenant. The rental agreement shall be executed in good faith by both parties and shall not provide for the waiver of any rights given to […]
§ 33-1413.01 – Utility charges; waste, garbage and rubbish removal charges
33-1413.01. Utility charges; waste, garbage and rubbish removal charges 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 […]
§ 33-1413.02 – Guest fee
33-1413.02. Guest fee The rental agreement may provide that the landlord may charge a guest fee.
§ 33-1413.03 – Care givers
33-1413.03. Care givers Pursuant to state and federal fair housing laws, a resident who has a disability as defined in section 41-1491 may have one or more persons occupy the resident’s mobile home to provide necessary live-in health care, personal care or supportive services if the care or services are necessary to afford the resident […]
§ 33-1414 – Prohibited provisions in rental agreements; late payment penalty
33-1414. Prohibited provisions in rental agreements; late payment penalty A. A rental agreement shall not provide that the tenant agrees to: 1. Waive or to forgo rights or remedies under this chapter. 2. Pay the landlord’s attorney fees, except an agreement in writing may provide that attorney fees may be awarded to the prevailing party […]
§ 33-1415 – Separation of rents and obligations to maintain property forbidden
33-1415. Separation of rents and obligations to maintain property forbidden A rental agreement, assignment, conveyance, trust deed or security instrument may not permit the receipt of rent, unless the landlord has agreed to comply with section 33-1434, subsection A.
§ 33-1416 – Preemption by state; regulation of rents; exception
33-1416. Preemption by state; regulation of rents; exception A. Notwithstanding any other provision of law, the state legislature determines that the imposition of rent control on mobile home spaces by counties, cities, including charter cities, and towns is of statewide concern. Therefore, the power to control rents on mobile home spaces is preempted by the […]
§ 33-1417 – Rebates and referrals prohibited; mobile homes and manufactured homes; damages
33-1417. Rebates and referrals prohibited; mobile homes and manufactured homes; damages A. A landlord shall not offer, solicit, pay, receive or require from another landlord or from a person who is licensed pursuant to title 41, chapter 37, article 4 any form of compensation or benefit in connection with the purchase, sale, rental, location or […]