Arizona Mobile home parks residential landlord and tenant act Effective August 9, 2001 |
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I am pleased to present this publication of the Arizona
Mobile Home Parks Residential Landlord and Tenant Act,
Title 33, Chapter 11. The Office of the Secretary of State
publishes this handbook as a resource for those interested in
the landlord and tenant laws in the Great State of Arizona.
As always, your comments about any of our publications are
appreciated.
BETSEY BAYLESS
Secretary of State
Updated with laws
effective August 9, 2001
August 2001
www.sos.state.az.us e-mail: pubs@sos.state.az.us
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August 1, 2001
It is a pleasure to provide this publication of the Arizona Mobile Home Parks
Residential Landlord and Tenant Act. Other pertinent sections to the law are
also included. Changes in the law include amendments to § 33-1452 effective
August 9, 2001. The Secretary of State’s Office prints this booklet for public
information under A.R.S. Title 41, Chapter 1, Article 2.
Feel free to contact my office for additional copies of this booklet at 602-542-
4086. An online link to the Arizona Mobile Home Parks Residential Landlord
and Tenant Act is available on our Web site at www.sos.state.az.us.
My staff and I look forward to assisting you.
Betsey Bayless
Secretary of State
The Office of the Secretary of State is an equal opportunity employer. Requests for alternate formats and/or accom-modations
can be made five days in advance by contacting the Secretary of State ADA Coordinator at 602.542.4285.
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TITLE 33, CHAPTER 11
Article 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Article 2. Landlord Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Article 3. Tenant Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Article 4. Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Article 5. Retaliatory Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
TITLE 33, CHAPTER 17
Article 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
TITLE 41, CHAPTER 16
Article 2. Office of Manufactured Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Article 4. Office of Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Article 5. Mobile Home Parks Hearing Officer Function . . . . . . . . . . . . . . . . . . 24
TITLE 41, CHAPTER 1
Article 2. The Secretary of State and the Department of State . . . . . . . . . . . . . 26
LAWS 2001, Ch. 351, § 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Legislative intent. The legislature recognizes that the legal relationship between the owner of a mobile
home, as defined in this act, and the owner of a space which is rented to the owner of the mobile home,
is unique in terms of property rights and management. Accordingly, this act should not be construed or
interpreted as creating state policy or legislative intent with respect to any property rights, landlord
and tenant situation or legal relationships other than the property rights, landlord and tenant situa-tions
or legal relationships arising out of rental of mobile home space for a residential mobile home.
The legislature intends that this act does not apply to the combined rental of a mobile home space and
a mobile home or to recreational vehicles or travel trailers. This act applies when mobile homes are
placed on rented spaces.
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§ 33-1401. Short title
§ 33-1402. Purposes
§ 33-1403. Supplementary principles of law appli-cable
§ 33-1404. Administration of remedies; enforce-ment
§ 33-1405. Settlement of disputed claim or right
§ 33-1406. Territorial application
§ 33-1407. Exclusions from application of chapter
§ 33-1408. Jurisdiction and service of process;
recovery of attorney fees; treble damages
§ 33-1409. General definitions
§ 33-1410. Obligation of good faith
§ 33-1411. Unconscionability
§ 33-1412. Notice
§ 33-1413. Terms and conditions of rental agree-ment
§ 33-1413.01. Utility charges; waste, garbage and rub-bish
removal charges
§ 33-1413.02. Guest fee
§ 33-1413.03. Care givers; treatment plan
§ 33-1414. Prohibited provisions in rental agree-ments;
late payment penalty
§ 33-1415. Separation of rents and obligations to
maintain property forbidden
§ 33-1416. Preemption by state; regulation of rents;
exception
§ 33-1417. Rebates and referrals prohibited; mobile
homes and manufactured homes; dam-ages
§ 33-1418. Incorporated tenants’ park purchase
association
§ 33-1401. Short title
This chapter shall be known and may be cited as the Ari-zona
Mobile Home Parks Residential Landlord and Ten-ant
Act.
Added by Laws 1975, Ch. 142, § 1.
§ 33-1402. Purposes
Underlying purposes and policies of this chapter are:
1. To simplify, clarify and establish the law gov-erning
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 hous-ing.
Added by Laws 1975, Ch. 142, § 1.
§ 33-1403. Supplementary principles of law appli-cable
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 supplement its provisions.
Added by Laws 1975, Ch. 142, § 1.
§ 33-1404. Administration of remedies; enforce-ment
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 specifies a different and limited effect.
C. Nothing in this chapter affects any rights under title
33, chapter 8, article 1.
Added by Laws 1975, Ch. 142, § 1. Amended by Laws
1999, Ch. 227, § 1, effective August 6, 1999.
§ 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.
Added by Laws 1975, Ch. 142, § 1.
§ 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.
Added by Laws 1975, Ch. 142, § 1. Amended by Laws
1999, Ch. 227, § 2, effective August 6, 1999.
§ 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 regu-lation
which might conflict therewith.
B. This chapter does not apply to a mobile home and
mobile home space if both are owned by the same
person, to recreational vehicles or, except for sec-tions
33-1476.01, 33-1476.02 and 33-1476.03, to
travel trailers or to the rental of a mobile home
space that is not located in a mobile home park.
C. This chapter does not apply to a mobile home that
has not been occupied for residential purposes by
one or more persons in its current location with the
approval of the landlord since being titled to the
mobile home’s present owner unless the present
owner proves by clear and convincing evidence that
the mobile home owner acquired the mobile home for
residential purposes but was prohibited from using
the mobile home due to circumstances beyond the
mobile home owner’s control. This subsection
includes a mobile home owned by a broker or dealer
as defined in section 41-2142.
Added by Laws 1975, Ch. 142, § 1. Amended by Laws
1999, Ch. 227, § 3, effective August 6, 1999. Amended by
Laws 2000, Ch. 400, § 1, effective July 18, 2000.
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§ 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 transac-tion
subject to this chapter. In addition to any other
method provided by rule or by statute, personal
jurisdiction over a landlord may be acquired in a
civil action or proceeding instituted in the appropri-ate
court by the service of process in the manner pro-vided
by this section.
B. If a landlord is not a resident of this state or is a
legal entity not authorized to do business in this
state and engages in any conduct in this state gov-erned
by this chapter, or engages in a transaction
subject to this chapter, the landlord shall designate
an agent upon whom service of process may be made
in this state. The agent shall be a resident of this
state or a legal entity authorized to do business in
this state. The designation shall be in writing and
filed with the secretary of state. If no designation is
made and filed or if process cannot be served in this
state upon the designated agent, process may be
served upon the secretary of state, but the plaintiff
or petitioner shall forthwith mail a copy of this pro-cess
and pleading by certified mail to the defendant
or respondent at his last reasonably ascertained
address. If there is no last reasonably ascertainable
address and if the defendant or respondent has not
complied with section 33-1432, subsections A and B,
service upon the secretary of state shall be sufficient
service of process without the mailing of copies to
the defendant or respondent. Service of process shall
be deemed complete and the time shall begin to run
for the purposes of this section at the time of service
upon the secretary of state. The defendant shall
appear and answer within thirty days after comple-tion
thereof in the manner and under the same pen-alty
as if he had been personally served with the
summons. An affidavit of compliance with this sec-tion
shall be filed with the clerk of the court on or
before the return day of the process, if any, or within
any further time the court allows. Where applicable,
the affidavit shall contain a statement that the
defendant or respondent has not complied with sec-tion
33-1432, subsections A and B or the affiant
could not ascertain compliance by inquiry directed to
the secretary of state.
C. In any contested action arising out of an agreement
entered into pursuant to this chapter or for violation
of any provisions of this chapter, the court may
award the successful party reasonable attorney’s
fees. The award of reasonable attorney’s fees shall
be made to mitigate the burden of the expense of lit-igation
to establish a just claim or a just defense.
The award need not equal or relate to the attorney’s
fees actually paid or contracted and may not exceed
the amount paid or agreed to be paid. Reasonable
attorney’s fees shall be awarded by the court upon
clear and convincing evidence that the claim or
defense constitutes harassment, is groundless and is
not made in good faith. In making such award, the
court may consider such evidence as it deems appro-priate
and shall receive such evidence during trial
on the merits of the cause, or separately, regarding
the amount of such fees as it deems in the best inter-est
of the parties.
D. Treble damages may be awarded by the court in any
contested action arising under this chapter upon
clear and convincing evidence that the claim or
defense constitutes harassment, is groundless and is
not made in good faith. In making such award, the
court may consider such evidence as it deems appro-priate
and shall receive this evidence during trial on
the merits of the case, or separately. If the action is
brought in justice court and a party intends to
request treble damages, the party shall file with the
justice court a pleading stating that treble damages
are sought and that the justice court may lawfully
award treble damages within the court’s jurisdiction
of civil actions. In the absence of such pleading, the
justice of the peace may not award treble damages.
If an opposing party files a verified pleading alleging
that with treble damages the amount involved is
potentially in excess of the justice court’s jurisdiction
of civil actions, the provisions of section 22-201, sub-section
G shall apply.
Added by Laws 1975, Ch. 142, § 1. Amended by Laws
1984, Ch. 68, § 1, effective April 10, 1984. Amended by
Laws 1987, Ch. 232, § 3. Amended by Laws 1999, Ch.
227, § 4, effective August 6, 1999. Amended by Laws
2000, Ch. 323, § 3, effective July 18, 2000.
§ 33-1409. General definitions
Subject to additional definitions which are contained in
subsequent articles of this chapter and which apply to
those specific articles, and unless the context otherwise
requires, in this chapter:
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 may adjust
the amount of rent.
3. “Appurtenances” means awnings, sheds,
porches and other attachments to the mobile
home.
4. “Building and housing codes” includes any law,
ordinance or governmental regulation concern-ing
fitness for habitation, or the construction,
maintenance, operation, occupancy, use or
appearance of any premises, dwelling unit or
mobile home space.
5. “Change in use” means either of the following:
(a) A change in the use of land from the rental
of mobile home spaces in a mobile home
park to some other use.
(b) The redevelopment of the mobile home
park.
6. “Compatible” means a mobile home which is in a
similar condition as the majority of the other
mobile homes in the mobile home park, as deter-mined
by the maintenance, condition and over-all
appearance of the mobile home.
7. “Director” means the director of the department
of building and fire safety.
8. “Dwelling unit” excludes real property used to
accommodate a mobile home.
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9. “Educational program” means a class, workshop
or educational convention that primarily
instructs attendees on issues dealing with the
operation of a mobile home park and that is
sponsored by a nonprofit organization whose
sole or primary purpose is the advocacy and pro-motion
of the rental mobile home parks indus-try.
10. “Fund” means the mobile home relocation fund.
11. “Good faith” means honesty in fact in the con-duct
or transaction concerned.
12. “Guest” means a nonresident, over and above
the occupancy limit set for the resident’s space
under the terms of the rental agreement or by
park rules, of a mobile home park who stays at
the home of a person with constructive posses-sion
of the home with the consent of the resident
for one or more nights and not more than thirty
days in any twelve month period.
13. “Landlord” means the owner, lessor, sublessor
or operator, or any combination thereof, of a
mobile home park and it also means a manager
of the premises who fails to disclose as required
by section 33-1432.
14. “Mobile home”:
(a) Means either of the following:
(i) A residential structure manufactured
on or before June 15, 1976, that is
transportable in one or more sections,
eight feet or more in body width, over
thirty feet in body length with the
hitch, built on an integral chassis,
designed to be used as a dwelling when
connected to the required utilities and
not originally sold as a travel trailer or
recreational vehicle and which includes
the plumbing, heating, air conditioning
and electrical systems in the structure.
(ii) A manufactured home built after June
15, 1976, originally bearing an appro-priate
insignia of approval issued by
the United States department of hous-ing
and urban development.
(b) Does not include either of the following:
(i) A recreational vehicle such as a motor
home, camping trailer, van, fifth wheel
trailer or other type of recreational
vehicle.
(ii) A structure known as a park model
trailer that is a structure built on a sin-gle
chassis, mounted on wheels and
designed to be connected to the utilities
necessary for the operation of installed
fixtures and appliances and that has a
gross interior area of not less than
three hundred twenty square feet and
not more than four hundred square feet
when prepared for occupancy.
15. “Mobile home park” means any parcel of land
that contains four or more mobile home spaces.
16. “Mobile home space” means a parcel of land for
rent which has been designed to accommodate a
mobile home and provide the required sewer
and utility connections.
17. “Moving expenses” means the cost incurred by
the tenant whose mobile home is moved for tak-ing
down, transporting and setting up the
mobile home with the identical, or substantially
similar, improvements as were attached to the
tenant’s mobile home on the mobile home space
from which it was removed but does not include
the cost of landscaping or the cost of utility
lines, trenching or utility connections located in
excess of twenty-five feet from the point of
hookup on the mobile home.
18. “Organization” includes a corporation, limited
liability company, government, governmental
subdivision or agency, business trust, estate,
trust, partnership or association, two or more
persons having a joint or common interest and
any other legal or commercial entity which is a
landlord, owner, manager or designated agent
pursuant to section 33-1432.
19. “Owner” means one or more persons, jointly or
severally, in whom is vested all or part of the
legal title to property or all or part of the benefi-cial
ownership and a right to present use and
enjoyment of the premises. The term includes a
mortgagee in possession.
20. “Park manager” means the person who is prima-rily
responsible for the day-to-day operation of a
mobile home park.
21. “Person” includes a company, partnership or
firm as well as a natural person.
22. “Premises” means the mobile home park and its
existing facilities and appurtenances, including
furniture and utilities where applicable, and
grounds, areas and existing facilities held out
for the use of tenants generally or whose use is
promised to the tenant.
23. “Prospective tenant” means a person who
desires to become a tenant.
24. “Redevelopment of the mobile home park”
means that the spaces being redeveloped shall
remain vacant for at least one hundred eighty
days after the effective date of all change in use
notices that are given to the tenants and either
of the following applies:
(a) A minimum of twenty-five per cent of the
spaces in the park, in groups of at least five
contiguous spaces, are being changed into
an upgraded mobile home park.
(b) A minimum of twenty-five of the total num-ber
of spaces in the park, in groups of at
least five contiguous spaces, are being
changed into an upgraded mobile home
park.
25. “Rent” means payments to be made to the land-lord
or designated agent in full consideration for
the rented premises.
26. “Rental agreement” means leases or agreements
and valid rules adopted under section 33-1452
embodying the terms and conditions concerning
the use and occupancy of a mobile home space
and premises, and includes month-to-month
tenancies that arise out of the expiration of a
written rental agreement pursuant to section
33-1413.
27. “Resident” means a person entitled under a
rental agreement to occupy a mobile home space
to the exclusion of others and does not include a
person rendering necessary live-in care under
section 33-1413.03.
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28. “Security” or “security deposit” means any
refundable money or property given to assure
payment or performance under a rental agree-ment.
29. “Tenant” means a person signing a rental agree-ment
or otherwise agreeing with a landlord for
the occupancy of a mobile home space.
30. “Visitor” means a nonresident of a mobile home
park who stays at the home of a resident with
the consent of the resident but does not stay
overnight.
Amended by Laws 1989, Ch. 303, § 2, effective June 28,
1989. Amended by Laws 1991, Ch. 166, § 1, effective Sep-tember
21, 1991. Amended by Laws 1991, Ch. 2, § 2,
Fourth Special Session, approved and filed December 4,
1991, effective retroactively to September 21, 1991.
Amended by Laws 1996, Ch. 360, § 1, effective July 20,
1996, Amended by Laws 1997, Ch. 221, § 136, effective
July 21, 1997. Amended by Laws 1999, Ch. 227, § 5, effec-tive
August 6, 1999. Amended by Laws 2000, Ch. 400, § 2,
effective July 18, 2000.
§ 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.
Added by Laws 1975, Ch. 142, § 1.
§ 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 provi-sion,
or limit the application of any unconsciona-ble
provision to avoid an unconscionable result.
2. That a settlement in which a party waives or
agrees to forego a claim or right under this
chapter or under a rental agreement was uncon-scionable
at the time it was made, the hearing
officer or court may refuse to enforce the settle-ment,
enforce the remainder of the settlement
without the unconscionable provision, or limit
the application of any unconscionable provision
to avoid any unconscionable result.
B. If unconscionability is put into issue by a party or by
the hearing officer or court upon his or its own
motion the parties shall be afforded a reasonable
opportunity to present evidence as to the setting,
purpose and effect of the rental agreement or settle-ment
to aid the hearing officer or court in making
the determination.
Added by Laws 1975, Ch. 142, § 1. Amended by Laws
1987, Ch. 232, § 5.
§ 33-1412. Notice
A. A person has notice of a fact if he has actual knowl-edge
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 knowledge” of a fact
if he has actual knowledge of it.
B. A person “notifies” or “gives” a notice or notification
to another by taking steps reasonably calculated to
inform the other in ordinary course whether or not
the other actually comes to know of it. A person
“receives” a notice or notification when it comes to
his attention, or in the case of the landlord, it is
delivered in hand or mailed by registered or certified
mail to the place of business of the landlord through
which the rental agreement was made or at any
place held out by him as the place for receipt of the
communication or delivered to any individual who is
designated as an agent by section 33-1432 or, in the
case of the tenant, it is delivered in hand to the ten-ant
or mailed by registered or certified mail to him
at the place held out by him as the place for receipt
of the communication or, in the absence of such des-ignation,
to his last known place of residence other
than the landlord’s mobile home or space, if known.
If notice is mailed by registered or certified mail, the
tenant or landlord is deemed to have received such
notice on the date the notice is actually received by
him or five days after the date the notice is mailed,
whichever occurs first.
C. “Notice” knowledge or a notice or notification
received by an organization is effective for a particu-lar
transaction from the time it is brought to the
attention of the individual conducting the transac-tion
and in any event from the time it would have
been brought to his attention if the organization had
exercised reasonable diligence, but such knowledge
shall be subject to proof.
Added by Laws 1975, Ch. 142, § 1. Amended by Laws
1984, Ch. 26, § 2.
§ 33-1413. Terms and conditions of rental agree-ment
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 agree-ment
shall be executed in good faith by both parties
and shall not provide for the waiver of any rights
given to either party by other provisions of this
chapter. The rental agreement shall be for a specific
period and shall include:
1. The amount of the rent.
2. The amount of any security deposit.
B. If the landlord and tenant agree to the term of the
rental agreement, the rental agreement may be for
any term. If the landlord and tenant disagree on the
term of the rental agreement, the rental agreement
shall be for twelve months. The initial term of a
rental agreement may be for less than twelve
months if the reason is to ensure conformity with a
standard anniversary date. Any written rental
agreement shall have all blank spaces completed,
and executed copies of the written rental agreement
shall be furnished to all parties within ten days of
execution.
C. The rental agreement may include conditions not
prohibited by this chapter or other rule of law gov-erning
the rights and obligations of the parties.
D. The landlord shall attach to the rental agreement a
statement signed by the prospective tenant acknowl-edging
receipt of:
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1. The disclosures required in section 33-1432.
2. A current copy of this chapter as prescribed in
section 33-1432.
3. A current copy of the rules or regulations
adopted pursuant to section 33-1452.
E. Rent shall be payable without demand or notice at
the time and place agreed upon by the parties. Peri-odic
rent is payable at the beginning of any term of
one month or less, and thereafter, unless otherwise
agreed, in equal monthly installments at the begin-ning
of each month. Unless otherwise agreed, rent
shall be uniformly apportionable from day to day.
F. A landlord shall not prohibit a tenant who is a mem-ber
of the armed forces of the United States from ter-minating
a rental agreement with less than two
weeks’ notice to the landlord if he receives reassign-ment
orders which do not allow such prior notifica-tion.
G. Notwithstanding any provision of this article to the
contrary, upon the expiration or renewal of any
rental agreement, the landlord may increase or
decrease the total rent or change payment arrange-ments.
The landlord shall notify the tenant in writ-ing
by first class or certified mail or by personal
delivery at least ninety days prior to the expiration
or renewal or any rental agreement of any such
increase or change. Nothing in this subsection
requires a landlord to provide cause for any change
in rent if the landlord complies with notice require-ments.
H. On expiration of a written rental agreement for a
specified term or written renewal of a rental agree-ment,
tenancy is on a month-to-month basis unless
the landlord, its designated agent or the tenant
requests a new written rental agreement. If the
landlord and tenant agree to the term of the rental
agreement, the rental agreement may be for any
term. If the landlord and tenant disagree on the
term of the rental agreement, the rental agreement
shall be for twelve months.
I. In addition to any other rental provisions, the land-lord
is entitled to a rental increase effective at the
expiration or renewal of any rental agreement or
effective immediately if so provided in a written
rental agreement to compensate the landlord for
actual costs of insurance, taxes and rate increases
for utilities, which shall be substantiated by the
landlord in writing to the tenant.
J. As a condition of tenancy the rental agreement may
require the prospective tenant to make improve-ments
to the mobile home, including all appurte-nances
owned by the tenant, and to preserve or
upgrade the quality of the mobile home park even if
the prospective tenant is purchasing a home already
located in the mobile home park. The improvements
shall not exceed the requirements of the rules or reg-ulations
of the mobile home park.
K. Notwithstanding subsections A, B and H of this sec-tion,
the tenant may demand in writing and the
landlord shall offer a long-term initial or renewal
rental agreement that complies with all of the fol-lowing:
1. The long-term initial or renewal rental agree-ment
shall be in writing and shall be for a tern
of four years. A long-term rental agreement may
be for a term of less than four years if the reason
is to ensure conformity with a standard park
anniversary date.
2. All rents and other fees due during the term of
the long-term rental agreement shall be clearly
identified in the agreement.
3. The tenant has ten days from the date of receipt
of the long-term rental agreement to accept or
reject the agreement. If an agreement is not
signed and returned to the landlord within the
ten day period, the tenant is deemed to have
rejected the agreement. On rejection of the
agreement, subsections A, B and H of this sec-tion
apply.
Amended by Laws 1991, Ch. 166, § 2, effective September
21, 1991. Amended by Laws 1999, Ch. 227, § 6, effective
August 6, 1999. Amended by Laws 2000, Ch. 400, § 3,
effective July 18, 2000.
§ 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 the
dates of the meter readings. Each bill shall show the
computation of the charge generally in accordance
with the serving utility company billing format for
individual service supplied through a single service
meter.
B. If the landlord separately charges for utilities, the
landlord shall not charge more than the prevailing
basic service single family residential rate charged
by the serving utility or provider.
C. For the purpose of regulating mobile home parks as
public or consecutive water systems, the state shall
not adopt rules pursuant to title 49, chapter 2, arti-cle
9, that are more stringent than authorized by the
federal government. Submetering to solely deter-mine
the charges for individual water use by park
tenants for the purpose of water conservation, with-out
other evidence indicating a transaction subject
to regulation under title 49, chapter 2, article 9,
shall not be used as a basis for treating any mobile
home park as a public or consecutive water system.
D. A landlord may charge separately for removal of
waste, garbage, rubbish, refuse and trash and for
sewer services. Any charges for removal or sewer
services may not exceed the prevailing single family
residential charge, fee or rate for these services lev-ied
by the political subdivision or provider.
Added by Laws 1987, Ch. 232, § 7, effective August 18,
1987. Amended by Laws 1989, Ch. 303, § 3, effective June
28, 1989; amended by Laws 1994, Ch. 376, § 2, effective
July 17, 1994.
§ 33-1413.02. Guest fee
The rental agreement may provide that the landlord may
charge a guest fee.
Added by Laws 1987, Ch. 232, § 7, effective August 18,
1987.
§ 33-1413.03. Care givers; treatment plan
A resident may have one person at least eighteen years
of age occupy the resident’s mobile home on a temporary
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basis to provide necessary live-in health care to the resi-dent
pursuant to a written treatment plan prepared by
the resident’s physician. The landlord may require the
resident to provide a written renewal of the physician’s
treatment plan every six months. The landlord shall not
charge a fee for the person rendering care. The person
rendering care has no rights of tenancy, and any agree-ment
between the resident and person rendering care in
no way modifies any term or condition of the rental
agreement between the landlord and tenant. The person
rendering care shall comply with the rules and regula-tions
of the mobile home park.
Added by Laws 1996, Ch. 360, § 2, effective July 20, 1996.
§ 33-1414. Prohibited provisions in rental agree-ments;
late payment penalty
A. A rental agreement shall not provide that the tenant
agrees to:
1. Waive or to forego rights or remedies under this
chapter.
2. Pay the landlord’s attorney’s fees, except an
agreement in writing may provide that attor-ney’s
fees may be awarded to the prevailing
party in the event of court action.
3. The exculpation or limitation of any liability of
the landlord arising under law or to indemnify
the landlord for that liability or the costs con-nected
therewith.
4. Permit the landlord to charge a penalty fee for
late payment of rent unless a tenant is allowed
a minimum of five days beyond the date the rent
is due in which to remit payment.
5. Permit the landlord to charge a fee for a guest
who does not stay for more than a total of four-teen
days in any calendar month.
B. A provision prohibited by subsection A and included
in a rental agreement is unenforceable. If a landlord
deliberately uses a rental agreement containing pro-visions
known to be prohibited, the tenant may
recover actual damages sustained and the rental
agreement is voidable by the tenant.
C. A landlord may charge a penalty fee of not to exceed
five dollars per day from the due date of the rent for
late payment of rent if the payment is not remitted
by the sixth day from the due date.
Amended by Laws 1991, Ch. 166, § 3, effective September
21, 1991.
§ 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 § 33-
1434, subsection A.
Added by Laws 1975, Ch. 142, § 1.
§ 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, cit-ies,
including charter cities, and towns is of state-wide
concern. Therefore, the power to control rents
on mobile home spaces is preempted by the state.
Counties, cities, including charter cities, or towns do
not have the power to control rents.
B. Subsection A does not apply to mobile home spaces
which are owned, financed, insured or subsidized by
any state agency, or by any county, city, including a
charter city, or town.
Added by Laws 1983, Ch. 236, § 4. Amended by Laws
1987, Ch. 232, § 9, effective August 18, 1987.
§ 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 16, article 4
any form of compensation or benefit in connection
with the purchase, sale, rental, location or removal
of a mobile or manufactured home to or from a
mobile home park or mobile home space.
B. A person who is licensed pursuant to title 41, chap-ter
16, article 4 shall not offer, solicit, pay, receive or
require from another person who is licensed pursu-ant
to title 41, chapter 16, article 4 or from a land-lord
any form of compensation or benefit in
connection with the purchase, sale, rental, location
or removal of a mobile or manufactured home to or
from a mobile home park or mobile home space.
C. This section does not apply to any of the following:
1. Compensation paid by a licensed dealer or bro-ker
to a licensed salesperson for activities
within the scope of employment.
2. Money or other benefits paid directly to a tenant
or prospective tenant by a landlord when fully
disclosed to the tenant in writing.
3. Payments or other benefits provided between a
landlord and a licensed dealer or broker with an
ongoing business relationship if those payments
or benefits received total less than one hundred
dollars in a calendar year.
4. Payments made by a landlord to a licensed
dealer or broker as a commission in connection
with the sale of a mobile or manufactured home
or recreational vehicle owned by the landlord.
D. A person who violates this section is liable for three
times the amount of money damages suffered by the
person harmed.
Added by Laws 1994, Ch. 376, § 3, effective July 17, 1994.
Amended by Laws 1995, Ch. 151, § 1, effective July 13,
1995.
§ 33-1418. Incorporated tenants’ park purchase
association
A. An incorporated tenants’ park purchase association
may be formed for the purpose of giving written noti-fication
to the owner of a mobile home park of the
association’s interest in purchasing the park.
B. This section does not confer to an association formed
under subsection A a first right of refusal. A mobile
home park sale shall not be restricted in any way to
affect the marketability of title.
Added by Laws 2000, Ch. 400, § 4, effective July 18, 2000.
$57,&/( /$1'/25' 2%/,*$7,216
§ 33-1431. Security deposits
§ 33-1432. Disclosure and tender of written rental
agreement; booklet
§ 33-1433. Landlord to deliver possession of mobile
home space
$5,=21$ 6(&5(7$5< 2) 67$7( %(76(< %$</(66
§ 33-1434. Landlord to maintain fit premises
§ 33-1435. Limitation of liability
§ 33-1436. Statement of policy; amendment; con-tents;
new statements
§ 33-1437. Education requirements for park man-agers
§ 33-1431. Security deposits
A. A landlord shall not demand or receive as security,
however denominated, prepaid rent in an amount or
value in excess of two months’ rent. This subsection
does not prohibit a tenant from voluntarily paying
more than two months' rent in advance.
B. The landlord shall pay not less than five per cent
annual interest on any damage, security, cleaning or
landscaping deposit required by a landlord of a ten-ant.
The landlord shall either pay the interest annu-ally
or compound the interest annually.
C. Upon termination of the tenancy, any security
deposit, less any accrued rent and damages, if appli-cable,
shall be returned to the tenant within four-teen
days. The security deposit may be applied to
the payment of accrued rent and the amount of dam-ages
which the landlord has suffered by reason of
the tenant’s noncompliance with section 33-1451 if it
is itemized by the landlord in a written notice deliv-ered
to the tenant together with the amount due
within fourteen days of termination of the tenancy
and delivery of possession by the tenant.
D. If the landlord fails to comply with subsections B
and C of this section the tenant may recover the
property and money due the tenant together with
damages in an amount equal to twice the amount
wrongfully withheld.
E. This section does not preclude the landlord or tenant
from recovering other damages to which he may be
entitled under this chapter.
F. The holder of the landlord’s interest in the premises
at the time of the termination of the tenancy is
bound by this section.
G. The amount of any security deposit shall not be
changed after the tenant executes the initial rental
agreement.
Amended by Laws 1991, Ch. 166, § 4, effective September
21, 1991. Amended by Laws 2000, Ch. 400, § 5, effective
July 18, 2000.
§ 33-1432. Disclosure and tender of written rental
agreement; booklet
A. The landlord or any person authorized to enter into
a rental agreement on his behalf shall disclose to the
tenant in writing before entering into the rental
agreement each of the following:
1. The name and address of the person authorized
to manage the premises.
2. The name and address of the owner of the pre-mises.
3. If applicable, the name and address of a person
authorized to act for and on behalf of the owner
for the purpose of service of process and for the
purpose of receiving and receipting for notices
and demands.
4. For a prospective tenant on an initial rental
agreement, a written statement that shows the
rent increases for the three full calendar years
immediately preceding the prospective initial
rental agreement date. This information shall
be for basic space rental only and does not apply
to other fees such as late charges, guest fees and
utility charges. The landlord may disclose the
rent history with calculations that fairly
describe the rent history and that are made in
any manner that reasonably informs the pro-spective
tenant of the history of basic space rent
in the mobile home park during that period. The
disclosure calculation may be made in January
of each year by adding the dollar amounts or
percentage amounts for aggregate rental
increases that became effective in the prior cal-endar
year for every space in the park and
dividing that number by the total number of
occupied revenue spaces for which rent was or
could have been increased. This average amount
of rental increase or average percentage of
rental increase shall be posted at the rental
office for three years. Disclosure calculations
made pursuant to this section shall be made to
the best of the landlord’s ability.
B. The information required to be furnished by this sec-tion
shall be kept current and refurnished to the ten-ant
upon the tenant’s request except that any
successor landlord shall not be required to provide
average rent disclosures relating to the previous
landlords.
C. When there is a new owner or operator this section
extends to and is enforceable against any successor
landlord, owner or manager.
D. A person who fails to comply with subsection A,
paragraph 1, 2 or 3 or subsection B becomes an
agent of each person who is a landlord for the follow-ing
purposes:
1. Service of process and receiving and receipting
for notices and demands.
2. Performing the obligations of the landlord under
this chapter and under the rental agreement
and expending or making available for the pur-pose
all rent collected from the premises.
E. The landlord or any person authorized to enter into
a rental agreement on his behalf shall post in a con-spicuous
place a copy of the current utility rates
unless the tenant is charged directly by the utility
company.
F. Each tenant shall be notified, in writing, of any rent
increase at least ninety days prior to the increase by
first class or certified mail or by personal delivery.
The mobile home parks hearing officer has jurisdic-tion
to determine whether notices have been served
properly and in a timely manner.
G. Before entering into a rental agreement, the land-lord
or any person authorized to enter into the rental
agreement shall provide to the prospective tenant
the current Arizona mobile home parks residential
landlord and tenant act booklet, published by the
secretary of state. The landlord shall provide the
booklet to the tenant at no cost to the tenant. This
subsection shall not apply to renewal of rental agree-ments.
Upon request, the secretary of state shall
provide sufficient copies of the booklet for this pur-pose
without charge.
H. The landlord shall make available to all tenants the
most current revision of the Arizona mobile home
parks residential landlord and tenant act booklet
within sixty days after it is published by the secre-
$5,=21$ 6(&5(7$5< 2) 67$7( %(76(< %$</(66
tary of state. The landlord shall provide the revi-sions
at no cost to the tenants.
Amended by Laws 1991, Ch. 166, § 5, effective September
21, 1991; Amended by Laws 1994, Ch. 376, § 4, effective
July 17, 1994. Amended by Laws 1999, Ch. 227, § 7, effec-tive
August 6, 1999.
§ 33-1433. Landlord to deliver possession of
mobile home space
At the commencement of the term the landlord shall
deliver possession of the premises to the tenant in com-pliance
with the rental agreement and section 33-1434.
The landlord may bring an action for possession against
any person wrongfully in possession and may recover the
damages provided in section 33-1483.
Added by Laws 1975, Ch. 142, § 1.
§ 33-1434. Landlord to maintain fit premises
A. The landlord shall:
1. Comply with the requirements of all applicable
city, county and state codes materially affecting
health and safety.
2. Make all repairs and do whatever is necessary
to put and keep premises in a fit and habitable
condition.
3. Keep all common areas of the premises in a
clean and safe condition.
4. Maintain in good and safe working order and
condition all swimming pool, shower, bath-house,
electrical, plumbing and sanitary facili-ties,
including the recreational hall or meeting
facilities supplied or required to be supplied or
maintained by him.
5. Provide for removal of garbage, rubbish, and
other waste incidental to the occupancy of the
mobile home space.
6. Furnish outlets for electric, water and sewer
services. The landlord shall also furnish a pro-spective
tenant with information concerning the
type, size and power rating of all electrical,
water and sewer connections.
7. Provide a statement of proposed interruption of
utility service to the tenants within a reason-able
time frame except in the case of an inter-ruption
caused by an emergency. An emergency
does not include any failure or refusal on the
part of the landlord to fulfill his duties and obli-gations
as specified in this section. A statement
of proposed interruption of utility service may
be provided by posting an announcement of the
period of the interruption in a conspicuous place
within the mobile home park or by individual
delivery to each tenant.
B. A mobile home park landlord shall not impose any
conditions of rental or occupancy which restrict the
mobile home owner in his choice of a seller of fuel,
furnishings, goods, services or mobile homes con-nected
with the rental or occupancy of a mobile
home space unless such condition is necessary to
protect the health, safety, aesthetic value or welfare
of mobile home residents in the park. However, the
landlord may impose reasonable conditions relating
to central gas, oil, electricity, or water meter sys-tems
in the park.
Added by Laws 1975, Ch. 142, § 1. Amended by Laws
1979, Ch. 36, § 5; Amended by Laws 1983, Ch. 236, § 5.
Amended by Laws 1984, Ch. 68, § 4, effective april 10,
1984. Amended by Laws 1986, Ch. 355, § 3. Amended by
Laws 1987, Ch. 232, § 12. Amended by Laws 1994, Ch.
376, § 5, effective July 17, 1994.
§ 33-1435. Limitation of liability
A. Unless otherwise agreed, a landlord who conveys
premises that include a mobile home space subject to
a rental agreement in a good faith sale to a bona fide
purchaser is relieved of liability under the rental
agreement and this chapter as to events occurring
subsequent to written notice to the tenant of the con-veyance.
He remains liable to the tenant for any
right of possession, property and money to which the
tenant is entitled under section 33-1431.
B. Unless otherwise agreed, a manager of premises
that include a mobile home space is relieved of liabil-ity
under the rental agreement and this chapter as
to events occurring after written notice to the tenant
of the termination of his management, except such
notice shall not terminate any agreement or legal
liability.
Added by Laws 1975, Ch. 142, § 1.
§ 33-1436. Statement of policy; amendment; con-tents;
new statements
A. Before execution of the rental agreement the land-lord
or any person authorized to enter into the rental
agreement shall provide the tenant with the state-ments
of policy of the mobile home park and the date
of expiration of each statement. The landlord or any
successor in interest shall not delete or amend any
statement of policy while it is in force.
B. The statements of policy shall be attached to the
rental agreement and shall include a statement of
the following:
1. The classification of the mobile home park as a
family community or a housing community for
older persons.
2. The period of time before any change in use is
expected.
3. Any method of determining rent changes.
4. The right of first refusal on the sale of the
mobile home park if any is given to the tenants
and under what conditions the right may be
exercised.
5. The size and other specifications of mobile
homes allowed in the mobile home park includ-ing
whether the mobile home must be new or
used and whether it must be set at ground level
or above ground level.
6. The improvements required as a condition of
tenancy. If consistent with the rental agree-ment,
the statement of policy may require
improvements that the tenant will be required
to furnish, install and maintain to the mobile
home space being rented and that constitute
permanent improvements that cannot be
removed at the expiration of the rental agree-ment
including the estimated cost of each per-manent
improvement. Any change in a
statement of policy regarding permanent
improvements does not apply to an existing ten-ant
or to any renewal of a rental agreement by
an existing tenant.
$5,=21$ 6(&5(7$5< 2) 67$7( %(76(< %$</(66
7. That insuring the mobile home is the tenant’s
responsibility including fire department
response insurance in unincorporated areas.
C. At least sixty days before the expiration of a state-ment
of policy, the landlord shall notify all of the
tenants of any new statement of policy.
D. Beginning on January 1, 2000, a landlord may have
only one set of statements of policy in effect at any
period of time and that set of statements of policy
applies to all tenants. A landlord with more than one
set of statements of policy in effect on January 1,
2000 shall provide to all tenants by February 1, 2000
a copy of the set with the longest expiration date and
that set of statements of policy applies to all tenants
at that park.
Amended by Laws 1991, Ch. 166, § 6, effective September
21, 1991; Amended by Laws 1994, Ch. 376, § 6, effective
July 17, 1994. Amended by Laws 1999, Ch. 227, § 8, effec-tive
August 6, 1999. Amended by Laws 2000, Ch. 400, § 6,
effective July 18, 2000.
§ 33-1437. Education requirements for park man-agers
A. Beginning on January 1, 2000, within six months
after employment as a park manager, a park man-ager
shall complete at least six hours of educational
programs and shall complete at least six additional
hours of educational programs every two years.
B. A park manager shall post proof of completion and
compliance with the educational program require-ments
prescribed by this section in a conspicuous
place at the mobile home park.
Added by Laws 1999, Ch. 227, § 9, effective August 6,
1999.
$57,&/( 7(1$17 2%/,*$7,216
§ 33-1451. Tenant to maintain mobile home space;
notice of vacating; clearance for removal
§ 33-1452. Rules and regulations
§ 33-1453. Access
§ 33-1454. Tenant to occupy as a dwelling unit;
authority to sublet
§ 33-1451. Tenant to maintain mobile home
space; notice of vacating; clearance for removal
A. A tenant of a mobile home space shall exercise dili-gence
to maintain that part of the premises which he
has rented in as good condition as when he took pos-session
and shall:
1. Comply with all obligations primarily imposed
upon tenants by applicable provisions of city,
county and state codes materially affecting
health and safety.
2. Keep that part of the premises that he occupies
and uses as clean and safe as the condition of
the premises permits.
3. Dispose from his mobile home space all rubbish,
garbage and other waste in a clean and safe
manner as prescribed by park rules.
4. Not deliberately or negligently destroy, deface,
damage, impair or remove any part of the pre-mises
or knowingly permit any person to do so.
5. Conduct himself and require other persons on
the premises with his consent to conduct them-selves
in a manner that will not disturb his
neighbors’ peaceful enjoyment of the premises.
6. Inform the landlord or manager of the mobile
home park at least thirty days before the expira-tion
of the rental agreement that the agreement
will not be renewed by the tenant and that the
premises will be vacated. If timely notice is not
given prior to moving from the mobile home
space, the tenant then is responsible for rent
equal to an amount consistent with the applica-ble
notice period.
B. A tenant shall not remove a mobile home from a
mobile home space unless the tenant has received
from the landlord a clearance for removal showing
that all monies due the landlord as of the date of
removal have been paid or that the landlord and ten-ant
have otherwise agreed to the removal. The land-lord
shall not interfere with the removal of a mobile
home for any reason other than nonpayment of mon-ies
due as of the date of removal even if the term of
the rental agreement has not expired.
Amended by Laws 1995, Ch. 151, § 2, effective July 13,
1995.
§ 33-1452. Rules and regulations
A. A landlord shall adopt written rules or regulations,
however described, concerning the tenant’s use and
occupancy of the premises. Such rules or regulations
are enforceable against the tenant only if:
1. Their purpose is to promote the convenience,
safety or welfare of the tenants on the premises,
preserve the landlord’s property from abusive
use, preserve or upgrade the quality of the
mobile home park or make a fair distribution of
services and facilities held out for the tenants
generally.
2. They are reasonably related to the purpose for
which adopted.
3. They apply to all tenants on the premises in a
fair manner.
4. They are sufficiently explicit in prohibition,
direction or limitation of the tenant’s conduct to
fairly inform the tenant of what must or must
not be done to comply.
5. They are not for the purpose of evading the obli-gations
of the landlord.
6. The prospective tenant has a copy of the current
rules and regulations before he enters into the
rental agreement.
B. A new tenant who brings a mobile home into a
mobile home park or who purchases an existing
mobile home in a mobile home park shall comply
with all current statements of policy and rules or
regulations, including those pertaining to the size,
condition and appearance of the mobile home, and
exterior materials with which the mobile home has
been constructed.
C. If any mobile home park owner adds, changes,
deletes or amends any rule, notice in writing of all
such additions, changes, deletions or amendments
shall be furnished to all mobile home tenants thirty
days before they become effective by first class or
certified mail or by personal delivery. Any rule or
condition of occupancy which is unfair and deceptive
or which does not conform to the requirements of
this chapter shall be unenforceable. A rule or regu-
$5,=21$ 6(&5(7$5< 2) 67$7( %(76(< %$</(66
lation adopted after the tenant enters into the rental
agreement is enforceable against the tenant only if it
does not work a substantial modification of his
rental agreement.
D. A person who owns or operates a mobile home park
shall not:
1. Deny rental unless the mobile home does not
meet the requirements of the rules and regula-tions
of the landlord and the statements of pol-icy
prescribed pursuant to section 33-1436 or
the park resident or prospective resident cannot
conform to park rules and regulations.
2. Require any person as a precondition to renting,
leasing or otherwise occupying a space for a
mobile home in a mobile home park to pay an
entrance or exit fee of any kind unless for ser-vices
actually rendered or pursuant to a written
agreement.
3. Deny any resident of a mobile home park the
right to sell the resident’s mobile home at a
price of his 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 permis-sion
may not be unreasonably withheld, except
that the landlord may require, notwithstanding
paragraph 6 of this subsection, in order to pre-serve
or upgrade the quality of his mobile home
park, that any mobile home not in compliance
with the landlord’s current rules and regula-tions
and statements of policy, or in a rundown
condition or in disrepair be removed from the
park within sixty days. Within ten days of writ-ten
request by the seller or prospective pur-chaser,
a landlord shall notify the seller and the
prospective purchaser in writing of any reasons
for withholding approval of a purchaser pursu-ant
to this paragraph.
4. Exact a commission or fee with respect to the
price realized by the tenant selling the mobile
home, unless the park owner or operator has
acted as agent for the mobile home owner pur-suant
to a written agreement.
5. Require a tenant or prospective tenant to use
any specific sales agency, manufacturer, retailer
or broker.
6. Notwithstanding section 33-1436, subsection C,
require an existing tenant to furnish permanent
improvements which cannot be removed with-out
damage thereto or to the mobile home space
by a tenant at the expiration of the rental agree-ment.
If the landlord includes any require-ments
for permanent improvements in the rules
or statements of policy, these requirements
shall not apply to any mobile home already
existing in the mobile home park.
7. Prohibit a tenant from advertising the sale or
exchange of the tenant’s mobile home, including
the display of a “for sale” or “open house” sign on
the dwelling or in the window of the mobile
home stating the name, address and telephone
number of the owner or agent of the mobile
home. The sign may be no larger than twelve
inches wide and eighteen inches long. In addi-tion
to the display of a sign in the window, the
tenants may display the signs on a central post-ing
board in the park which is reasonably acces-sible
to the public seven days a week during
daylight hours.
E. The landlord or manager of a mobile home park
shall include, in rules and regulations, an emer-gency
number to be called when the park is left
unattended, regardless of the size of the park.
F. The landlord shall not prohibit meetings of tenants
with or without invited visiting speakers in the
mobile home park relating to mobile home living and
affairs in the park community or recreational hall if
such meetings are held at reasonable hours and
when the facility is not otherwise in use.
G. Any improvements made by a tenant such as plants,
vines, edgings, gravel, stone or other additions made
for the benefit of the tenancy may be removed by the
tenant, or by agreement of both parties the landlord
may retain the improvements by paying the tenant
for their actual cost.
H. If a tenant dies, any surviving joint tenant or cote-nant
continues as tenant with the same rights, priv-ileges
and liabilities as if the surviving tenant were
the original tenant, with the additional right to ter-minate
the rental agreement by giving sixty days’
written notice to the landlord within sixty days after
the death of the tenant.
I. If a tenant who was sole owner of the mobile home
dies during the term of the rental agreement, the
tenant’s heirs or legal representative have the right
to cancel the lease by giving thirty days’ written
notice to the landlord with the same rights, privi-leges
and liabilities of the original tenant.
J. This section does not prohibit a landlord from
requiring removal of a mobile home from the mobile
home park within sixty days after the sale by a ten-ant
if the mobile home does not meet the current
requirements of the rules and regulations and state-ments
of policy, including those pertaining to the
size, condition of appearance of the mobile home,
and the exterior materials with which the mobile
home has been constructed.
Amended by Laws 1991, Ch. 166, § 7, effective September
21, 1991; Amended by Laws 1994, Ch. 376, § 7, effective
July 17, 1994. Amended by Laws 1995, Ch. 151, § 3, effec-tive
July 13, 1995. Amended by Laws 1999, Ch. 227, § 10,
effective August 6, 1999. Amended by Laws 2000, Ch.
400, § 7, effective July 18, 2000. Amended by Laws 2001,
Ch. 351, § 1, effective August 9, 2001.
§ 33-1453. Access
A. The landlord has no right of access to a mobile home
owned by a tenant.
B. The landlord and tenant may mutually agree, in
writing, to give the landlord access.
Added by Laws 1975, Ch. 142, § 1.
§ 33-1454. Tenant to occupy as a dwelling unit;
authority to sublet
Unless otherwise agreed, the tenant shall occupy his
mobile home only as a dwelling unit and may sublet,
upon written agreement with the park management.
Added by Laws 1975, Ch. 142, § 1.
$57,&/( 5(0(',(6
§ 33-1471. Noncompliance by the landlord
§ 33-1472. Failure to deliver possession
$5,=21$ 6(&5(7$5< 2) 67$7( %(76(< %$</(66
§ 33-1473. Self-help for minor defects
§ 33-1474. Wrongful failure to supply essential ser-vices
§ 33-1475. Tenant’s remedies for landlord’s unlaw-ful
ouster, exclusion or diminution of
services
§ 33-1476. Termination or nonrenewal of rental
agreement by landlord; noncompliance
with rental agreement by tenant; failure
to pay rent
§ 33-1476.01. Change in use; notices; compensation for
moving expenses; payments by the land-lord
§ 33-1476.02. Mobile home relocation fund; invest-ment
of monies
§ 33-1476.03. Assessments for mobile home relocation
fund; waiver
§ 33-1476.04. Relocations due to rent increase; mobile
home relocation fund; applicability
§ 33-1477. Failure to maintain by tenant
§ 33-1478. Remedies for abandonment; required
registration
§ 33-1479. Repealed
§ 33-1480. Landlord liens; distraint for rent abol-ished
§ 33-1481. Remedy after termination
§ 33-1482. Recovery of possession limited
§ 33-1483. Periodic tenancy; holdover remedies
§ 33-1484. Landlord and tenant remedies for abuse
of access
§ 33-1485. Special detainer actions; service; trial
postponement
§ 33-1471. Noncompliance by the landlord
A. Except as provided in this chapter, if there is a
material noncompliance by the landlord with the
rental agreement, the rules and regulations or state-ments
of policy, the tenant may deliver a written
notice to the landlord specifying the acts and omis-sions
constituting the breach and that the rental
agreement will terminate upon a date not less than
thirty days after receipt of the notice if the breach is
not remedied in fourteen days. If there is a noncom-pliance
by the landlord with section 33-1434 materi-ally
affecting health and safety, the tenant may
deliver a written notice to the landlord specifying
the acts and omissions constituting the breach and
that the rental agreement will terminate upon a
date not less than twenty days after receipt of the
notice if the breach is not remedied in ten days. The
rental agreement shall terminate and the mobile
home space shall be vacated as provided in the
notice subject to the following:
1. If the breach is remediable by repairs or the
payment of damages or otherwise and the land-lord
adequately remedies the breach prior to the
date specified in the notice, the rental agree-ment
will not terminate.
2. The tenant may not terminate for a condition
caused by the deliberate or negligent act or
omission of the tenant, a member of his family
or other person on the premises with his con-sent.
B. Except as provided in this chapter, the tenant may
recover damages, and obtain injunctive relief for any
noncompliance by the landlord with the rental
agreement or section 33-1434.
C. The remedy provided in subsection B of this section
is in addition to any right of the tenant arising
under subsection A of this section.
D. If the rental agreement is terminated, the landlord
shall return all deposits less reasonable damages.
Amended by Laws 1991, Ch. 166, § 8, effective September
21, 1991.
§ 33-1472. Failure to deliver possession
A. If the landlord fails to deliver physical possession of
the mobile home space to the tenant as provided in
section 33-1433, rent abates until possession is
delivered and the tenant may do either of the follow-ing:
1. Upon at least five days’ written notice to the
landlord terminate the rental agreement and
upon termination the landlord shall return all
deposits.
2. Demand performance of the rental agreement
by the landlord and, if the tenant elects, main-tain
an action for possession of the mobile home
space against the landlord or any person wrong-fully
in possession and recover the damages sus-tained
by him.
B. If the landlord fails to deliver constructive posses-sion
to the tenant because of noncompliance with
section 33-1434, rent shall not abate. The tenant
may proceed with the remedies provided for in sec-tion
33-1471.
C. If a person’s failure to deliver possession is willful
and not in good faith, an aggrieved person may
recover from that person the actual damages sus-tained
by him, plus any attorney’s fees and court
costs.
Added by Laws 1975, Ch. 142, § 1.
§ 33-1473. Self-help for minor defects
A. If the landlord fails to comply with section 33-1434,
the tenant may recover damages for the breach
under section 33-1471, subsection B, or may notify
the landlord of his intention to correct the condition
at the landlord’s expense. After being notified by the
tenant in writing, if the landlord fails to comply
within twenty days or as promptly thereafter as con-ditions
require in case of emergency, the tenant may
cause the work to be done by a licensed contractor
and, after submitting to the landlord an itemized
statement and a waiver of lien, deduct from his rent
the actual and reasonable cost of the work.
B. A tenant may not repair at the landlord’s expense if
the condition was caused by the deliberate or negli-gent
act or omission of the tenant, a member of his
family or other person on the premises with his con-sent.
Added by Laws 1975, Ch. 142, § 1.
§ 33-1474. Wrongful failure to supply essential
services
A. If contrary to the rental agreement or section 33-
1434, the landlord deliberately or negligently fails to
supply essential services, the tenant may give rea-sonable
notice to the landlord specifying the breach
under tenant’s remedies.
B. The rights under this section do not arise until the
tenant has given notice to the landlord. Such rights
$5,=21$ 6(&5(7$5< 2) 67$7( %(76(< %$</(66
do not arise if the condition was caused by the delib-erate
or negligent act or omission of the tenant, a
member of his family or other person on the pre-mises
with his consent.
Added by Laws 1975, Ch. 142, § 1.
§ 33-1475. Tenant’s remedies for landlord’s
unlawful ouster, exclusion or diminution of ser-vices
If the landlord unlawfully removes or excludes the ten-ant
from the premises or wilfully diminishes services to
the tenant by interrupting or causing the interruption of
electric, gas, water or other essential service to the ten-ant,
the tenant may recover possession or terminate the
rental agreement and, in either case, recover an amount
equal to two months’ periodic rent and twice the actual
damages sustained by him. If the rental agreement is
terminated, the landlord shall return all deposits.
Added by Laws 1975, Ch. 142, § 1.
§ 33-1476. Termination or nonrenewal of rental
agreement by landlord; noncompliance with
rental agreement by tenant; failure to pay rent
A. The landlord shall specify the reason or reasons for
the termination or nonrenewal of any tenancy in the
mobile home park. The reason or reasons relied on
for the termination or nonrenewal shall be stated in
writing with specific facts, so that the date, place
and circumstances concerning the reason or reasons
for termination or nonrenewal can be determined.
Reference to or recital of the language of this chap-ter,
or both, is not sufficient compliance with this
subsection.
B. The landlord may not terminate or refuse to renew a
tenancy without good cause. “Good cause” means:
1. Noncompliance with any provision of the rental
agreement.
2. Nonpayment of rent.
3. Change in use of land.
4. Clear and convincing evidence that a tenant has
repeatedly violated any provision of this chapter
and established a pattern of noncompliance
with such provisions.
C. The landlord’s right to terminate or to refuse to
renew a tenancy pursuant to subsection B of this
section does not arise until the landlord has com-plied
with subsection D, E or H of this section.
D. Except as otherwise prohibited by law:
1. If there is a material noncompliance by the ten-ant
with the rental agreement, the landlord
shall deliver a written notice to the tenant spec-ifying
the acts and omissions constituting the
breach and that the rental agreement will ter-minate
upon a date not less than thirty days
after receipt of the notice if the breach is not
remedied in fourteen days. If the tenant reme-dies
the situation within the time specified in
the notice, the landlord shall issue a notice to
the tenant releasing the tenant from the termi-nation
of rental agreement notice.
2. If there is a noncompliance by the tenant with
section 33-1451 materially affecting health and
safety, the landlord may deliver a written notice
to the tenant specifying the acts and omissions
constituting the breach and that the rental
agreement will terminate upon a date not less
than twenty days after receipt of the notice if
the breach is not remedied in ten days. How-ever,
if the breach is remediable by repair or the
payment of damages or otherwise, and the ten-ant
adequately remedies the breach before the
date specified in the notice, the rental agree-ment
will not terminate. If the tenant remedies
the situation within the time specified in the
notice, the landlord shall issue a notice to the
tenant releasing the tenant from the termina-tion
of rental agreement notice.
3. If there is a noncompliance that is both material
and irreparable and that occurs on the pre-mises,
including an illegal discharge of a
weapon, homicide as prescribed in sections 13-
1102 through 13-1105, criminal street gang
activity as prescribed in section 13-105, activity
as prohibited in section 13-2308, prostitution as
defined in section 13-3211, the unlawful manu-facturing,
selling, transferring, possessing,
using or storing of a controlled substance as
defined in section 13-3451, threatening or intim-idating
as prohibited in section 13-1202, inflic-tion
of serious bodily harm, assault as
prohibited in section 13-1203, criminal activity
involving serious property damage or acts that
have been found to constitute a nuisance pursu-ant
to section 12-991, the landlord may deliver a
written notice for immediate termination of the
rental agreement and proceed pursuant to sec-tion
33-1485.
4. If a tenant engages in repetitive conduct that is
the subject of notices under this subsection,
after two incidents of the same type documented
by the landlord within a twelve month period or
after receipt by the landlord of two written com-plaints
from other tenants about the repetitive
conduct within a twelve month period, the land-lord
may deliver a written notice to the tenant
specifying the repetitive conduct and the docu-mentation
and advising the tenant that on docu-mentation
of the next incident of the same type
final notice will be given and the rental agree-ment
or tenancy will be terminated thirty days
after the date of the notice.
5. If a tenant has been involved in three or more
documented incidents of conduct of any type
described in this section within a twelve month
period, the landlord may deliver a written notice
to the tenant specifying the conduct and the doc-umentation
and advising the tenant that on doc-umentation
of the next incident final notice will
be given and the rental agreement or tenancy
will be terminated thirty days after the date of
the notice.
E. If rent is unpaid when due and the tenant fails to
pay rent within seven days after written notice by
the landlord of nonpayment and the landlord’s
intention to terminate the rental agreement if the
rent is not paid within that period of time, the land-lord
may terminate the rental agreement. Before
judgment in an action brought by the landlord under
this subsection, the tenant may have the rental
agreement reinstated by tendering the past due but
unpaid periodic rent, reasonable attorney's fees
incurred by the landlord and court costs, if any.
F. Except as provided in this chapter, the landlord may
recover actual damages, obtain injunctive relief or
$5,=21$ 6(&5(7$5< 2) 67$7( %(76(< %$</(66
recover possession of the premises pursuant to an
action in forcible detainer for repeated noncompli-ance
by the tenant with the rental agreement or sec-tion
33-1451.
G. The remedy provided in subsection F of this section
is in addition to any right of the landlord arising
under subsection D of this section.
H. If a change in use is intended for the land on which a
mobile home park or a portion of a mobile home park
is located and the landlord intends eviction of a
mobile home tenant due to a change in use, the land-lord
shall notify all tenants in the park in writing
that:
1. The change in use may subsequently result in
the termination of a rental agreement.
2. The tenant being terminated due to the change
in use will receive a one hundred eighty day
notice before the actual termination of the
rental agreement.
Amended by Laws 1991, Ch. 166, § 9, effective September
21, 1991; Amended by Laws 1994, Ch. 376, § 8, effective
July 17, 1994. Amended by Laws 1996, Ch. 360, § 3, effec-tive
July 20, 1996. Amended by Laws 1999, Ch. 4, § 9,
effective August 6, 1999. Amended by Laws 1999, Ch.
227, § 11, effective August 6, 1999. Amended by Laws
2000, Ch. 400, §§ 8 and 9, effective July 18, 2000.
§ 33-1476.01. Change in use; notices; compensa-tion
for moving expenses; payments by the land-lord
A. The landlord shall notify the director and all tenants
in writing of a change in use at least one hundred
eighty days before the change in use. The landlord
may not increase rent within ninety days before giv-ing
notice of a change in use.
B. The landlord shall notify all tenants in writing about
the mobile home relocation fund established in sec-tion
33-1476.02.
C. If a tenant is required to move due to a change in
use, the tenant is entitled to payment from the
mobile home relocation fund for the lesser of the
actual moving expenses of relocating the mobile
home to a new location within a fifty mile radius of
the vacated park or an amount of five thousand dol-lars
for a single section mobile home and ten thou-sand
dollars for a multisection mobile home. Moving
expenses include the cost of taking down, moving
and setting up the mobile home in the new location.
D. Except as provided in subsection F of this section, if
there is a change in use the landlord shall pay five
hundred dollars for each single section mobile home
and eight hundred dollars for each multisection
mobile home relocated to the fund for each tenant
filing for relocation assistance with the director.
E. If a change in use occurs before the time stated in
the statements of policy and the landlord does not
comply with subsection A of this section and with
section 33-1436 and section 33-1476, subsection H,
the landlord shall pay to the fund in addition to the
monies preserved in subsection D of this section:
1. Five hundred dollars for each mobile home
space occupied by a single section mobile home.
2. Eight hundred dollars for each mobile home
space occupied by a multisection mobile home.
F. The landlord is not required to make the payments
prescribed in subsections D and E of this section for
moving mobile homes owned by the landlord or for
moving a mobile home under a contract with the ten-ant
if the tenant does not file for relocation assis-tance
with the director.
G. If a change in use occurs within two hundred sev-enty
days of relocations under section 33-1476.04,
the landlord shall pay to the fund in addition to the
monies prescribed in subsection D of this section:
1. Five hundred dollars for each mobile home
space occupied by a single section mobile home.
2. Eight hundred dollars for each mobile home
space occupied by a multisection mobile home.
H. The tenant shall submit a contract for relocation of a
mobile home for approval to the director at least fif-teen
days before the relocation to be eligible for pay-ment
of relocation expenses. The director must
approve or disapprove the contract within fifteen
days after receipt of the contract, or the contract is
deemed to be approved. The payment of expenses
shall be made before or at the time of relocation as
provided in the rules adopted by the director. If the
contract is not approved, the tenant may appeal to
the hearing officer.
I. If this state or a political subdivision of this state
exercises eminent domain and the mobile home park
is sold or a sale is made to this state or a political
subdivision of this state that intends to exercise emi-nent
domain, the state or political subdivision is
responsible for the relocation costs of the tenants.
J. If a tenant is vacating the premises and has
informed the landlord or manager before the change
in use notice has been given, the tenant is not eligi-ble
for compensation under this section.
K. A person who purchases a mobile home already situ-ated
in a park or moves a mobile home into a park in
which a change in use notice has been given is not
eligible for compensation under this section.
L. This section does not apply to a change in use if the
landlord moves a tenant to another space in the
mobile home park at the landlord’s expense.
M. If a tenancy is terminated due to a redevelopment of
the mobile home park, the tenant may do either of
the following:
(a) Collect payment from the mobile home reloca-tion
fund as described in this section.
(b) Abandon the mobile home in the mobile home
park and collect an amount equal to one-fourth
of the maximum allowable moving expenses for
the mobile home from the mobile home reloca-tion
fund. If the tenant chooses this option, the
landlord is not required to make the payments
prescribed in subsection D of this section. To be
eligible, the tenant shall deliver to the landlord
the current title to the mobile home duly
endorsed by the owner of record and notarized
together with valid releases of all liens shown
on the title. A copy of these documents shall be
delivered to the department of building and fire
safety to support the application for payment.
Adopted by Laws 1988, Ch. 208, § 7, effective from and
after December 31, 1990. Amended by Laws 1991, Ch.
166, § 10, effective September 21, 1991. Amended by Laws
1999, Ch. 277, § 12, effective August 6, 1999. Amended by
Laws 2000, ch. 400, § 10, effective July 18, 2000.
$5,=21$ 6(&5(7$5< 2) 67$7( %(76(< %$</(66
§ 33-1476.02. Mobile home relocation fund;
investment of monies
A. The mobile home relocation fund is established con-sisting
of monies collected pursuant to section 33-
1476.03. The department shall administer the fund.
B. Fund monies shall be used as prescribed in sections
33-1476.04 and 41-2157 and to pay premiums and
other costs of purchasing, from a private insurer
who is licensed to transact insurance business in
this state, insurance coverage for tenant relocation
costs due to a change in use as prescribed in section
33-1476.01. Any insurance rebates shall be depos-ited
in the fund. If such insurance is not available, or
if the insurance costs exceed the amount available
from the fund, the fund shall be used to make direct
payments for tenant relocation costs. Monies in the
fund in excess of the amount required for these pur-poses
shall be used, as necessary, to support the
department’s administration of the hearing function
under title 41, chapter 16, article 5.
C. On notice from the department, the state treasurer
shall invest and divest monies in the fund as pro-vided
by section 35-313, and monies earned from
investment shall be credited to the fund. Any unex-pended
and unencumbered monies remaining in the
fund at the end of the fiscal year do not revert to the
state general fund but remain in the fund, sepa-rately
accounted for, as a contingency reserve.
D. The director may adopt, amend or repeal rules pur-suant
to title 41, chapter 6 for the administration of
the fund. Fund monies shall be paid to the depart-ment
of building and fire safety to offset the costs of
administering the fund including the direct and
indirect costs of processing applications for reim-bursement
submitted under section 41-2157. The
attorney general shall review the costs charged to
the fund.
Added by Laws 1987, Ch. 232, § 18. Amended by Laws
1988, Ch. 208, § 8. Amended by Laws 1997, Ch. 241, § 1,
effective July 21, 1997. Amended by Laws 1999, Ch. 227,
§ 13, effective August 6, 1999. Amended by Laws 2000,
Ch. 193, § 332, effective July 18, 2000.
§ 33-1476.03. Assessments for mobile home relo-cation
fund; waiver
A. Each owner of a mobile home who does not own the
land upon which the mobile home is located shall
pay each year to the state an assessment equal to a
rate of fifty cents per one hundred dollars of the tax-able
assessed valuation, derived by applying the
applicable percentage specified in title 42, chapter
15, article 1 to the limited property value, for each
mobile home the person owns, for the purpose of pro-viding
monies for the mobile home relocation fund.
The county treasurer shall collect the assessment
imposed by this subsection at the same time and in
the same manner as unsecured personal property
taxes, separately listed on the tax roll, shall transfer
the revenues collected to the state treasurer for
deposit in the mobile home relocation fund and shall
send to the state treasurer a written notice of the
total taxable assessed valuation, derived by applying
the applicable percentage specified in title 42, chap-ter
15, article 1 to the limited property value, of all
mobile homes in the county on which the assessment
prescribed by this section is assessed. The assess-ment
constitutes a lien on the mobile home.
B. The director shall notify all county assessors to
waive the assessment for any year if the monies in
the fund exceed eight million dollars.
C. If at the end of a fiscal year the amount of monies in
the relocation fund is less than six million dollars,
the director may reinstate the assessment pre-scribed
by this section.
Added by Laws 1987, Ch. 232, § 18. Amended by Laws
1988, Ch. 208, § 9. Amended by Laws 1989, Ch. 303, § 4,
effective June 28, 1989.Amended by Laws 1998, Ch. 1, §
92, effective from and after December 31, 1998. Amended
by Laws 1999, Ch. 227, § 14, effective August 6, 1999.
Amended by Laws 2000, Ch. 193, § 333, effective July 18,
2000.
§ 33-1476.04. Relocations due to rent increase;
mobile home relocation fund; applicability
A. A tenant is eligible for payment from the mobile home
relocation fund if all of the following conditions are
met:
1. The tenant resides in a mobile home that is
owned by the tenant and that is located in a
mobile home park.
2. A rent increase will be effective at the expira-tion
or renewal of the tenant’s rental agree-ment.
3. The rent increase either singly or in combina-tion
during any consecutive twelve month
period is more than a total of ten per cent plus
the current increase in the consumer price index
over the most recent one year period before the
date of the notice of the rent increase. In this
paragraph, “consumer price index” means the
“West-A” index that is published by the United
States department of labor, bureau of labor sta-tistics,
and that demonstrates changes in prices
in certain cities in the western United States.
B. A landlord who increases rent as prescribed by sub-section
A of this section shall give written notice of
the applicability of this section to all affected ten-ants.
C. A tenant is eligible to receive relocation expenses
pursuant to subsection A of this section as follows:
1. At least thirty days before the effective date of
the rent increase that exceeds the limits pre-scribed
by subsection A of this section, the ten-ant
shall submit a contract for relocation of the
mobile home to the director for approval and to
the landlord.
2. Before the effective date of the rent increase, the
tenant shall relocate the mobile home or have a
fully signed contract with a licensed moving
company to move the mobile home to a specific
location by a specific date and must have moved
the mobile home pursuant to that contract
within forty-five days after the effective date of
the rent increase.
3. The director shall approve or disapprove the
contract submitted within fifteen days after
receipt of the contract, and the contract is
deemed to be approved on the sixteenth day if
the director takes no action. The payment of
relocation expenses shall be made at or before
the time of relocation as provided in rules
$5,=21$ 6(&5(7$5< 2) 67$7( %(76(< %$</(66
adopted by the director. If the contract is not
approved, the tenant may appeal to an adminis-trative
law judge pursuant to title 41, chapter
16, article 5. The tenant shall provide notice
pursuant to section 33-1451, subsection A, para-graph
6 if the tenant relocates.
4. On approval, the tenant is eligible for the lesser
of the actual moving expenses of relocating the
mobile home or five thousand dollars for a single
section mobile home or ten thousand dollars for
a multisection mobile home. Compensable mov-ing
expenses include the cost of taking down,
moving and setting up the mobile home in the
new location if the mobile home is relocated to a
residential location within a one hundred mile
radius of the vacated mobile home park.
D. This section does not apply to rent increases that are
prescribed in a written rental agreement.
E. Nothing in this section shall be construed to make
any rent increase unreasonable.
Added by Laws 1999, Ch. 227, § 15, effective August 6,
1999. Amended by Laws 2000, Ch. 400, § 11, effective
July 18, 2000.
§ 33-1477. Failure to maintain by tenant
If there is noncompliance by the tenant with § 33-1451
materially affecting health and safety that can be reme-died
by repair, replacement of a damaged item or clean-ing
and the tenant fails to comply as promptly as
conditions require in case of emergency or within ten
days after written notice by the landlord specifying the
breach and requesting that the tenant remedy it within
that period of time, the landlord may enter the mobile
home space, cause the work to be done in a workmanlike
manner and submit an itemized bill for the actual and
reasonable cost or the fair and reasonable value thereof
as additional rent on the next date when periodic rent is
due, or if the rental agreement was terminated, for
immediate payment.
Added by Laws 1975, Ch. 142, § 1.Amended by Laws
1991, Ch. 166, § 11, effective September 21, 1991.
§ 33-1478. Remedies for abandonment; required
registration
A. If the tenant abandons the mobile home unit on a
mobile home space, it is incumbent upon the land-lord
to locate the legal owner or lienholder of the
mobile home unit within ten days and communicate
to him his liability for any costs incumbered for the
mobile home space for such mobile home unit,
including rent and utilities due and owing. How-ever,
the landlord shall be entitled to a maximum of
sixty days’ rent due prior to notice to lienholder.
Any and all costs shall then become the responsibil-ity
of the legal owner or lienholder of the mobile
home. The mobile home unit may not be removed
from the mobile home space without a signed writ-ten
agreement from the mobile home park landlord,
owner or manager showing clearance for removal,
showing all monies due and owing paid in full, or an
agreement reached with the legal owner and the
landlord.
B. A required standardized registration form shall be
filled out by each mobile home space renter, upon
mobile home space rental, showing mobile home
make, year, serial number and license number if any
be legally required, and also showing if the mobile
home is paid for, if there is a lien on the mobile
home, and if so the lienholder, and who is the legal
owner of the mobile home unit. The registration
cards or forms shall be kept on file with the park
management as long as the mobile home is on the
mobile home space within the park. Notice shall be
given to park management within ten days of any
changes in a new lien, changes of existing lien or set-tlement
of lien.
Added by Laws 1975, Ch. 142, § 1.
§ 33-1479. Repealed
Repealed by Laws 1987, Ch. 232, § 19, effective August
18, 1987.
§ 33-1480. Landlord liens; distraint for rent abol-ished
A. A lien or security interest on behalf of the landlord
in the tenant’s household goods is not enforceable
unless perfected before the effective date of this
chapter.
B. Distraint for rent is abolished.
Added by Laws 1975, Ch. 142, § 1.
§ 33-1481. Remedy after termination
A. If the rental agreement is terminated, the landlord
may have a claim for possession of the mobile home
space and for rent and a separate claim for actual
damages for breach of the rental agreement.
B. In the execution of any writ of restitution issued
pursuant to section 12-1178 or 12-1181, the landlord
may provide written instructions to the sheriff or
constable not to remove the mobile home from its
space, and if those written instructions are provided,
the sheriff or constable may fully execute the writ of
restitution by removing all occupants and their pos-sessions
from the mobile home and from the space it
occupies. The mobile home shall then be deemed
abandoned and section 33-1478 applies and the
landlord may terminate any utility services that are
provided by the landlord. An owner of a mobile home
in compliance with the provisions of subsection C of
this section may recover possession of the owner’s
mobile home while the title remains in the owner’s
name.
C. A mobile home that is subject to a judgment for forc-ible
detainer may not be removed from its space
until the provisions of section 33-1451, subsection B
have been satisfied. The landlord may agree in writ-ing
to accept other terms in satisfaction of the judg-ment.
This provision shall not apply to any
lienholder of record on the date of judgment or its
successors or assigns.
Added by Laws 1975, Ch. 142, § 1. Amended by Laws
1987, Ch. 232, § 20. Amended by Laws 1999, Ch. 227, §
16, effective August 6, 1999.
§ 33-1482. Recovery of possession limited
A landlord may not recover or take possession of the
mobile home space by action or otherwise, including wil-ful
diminution of services to the tenant by interrupting
or causing the interruption of electric, gas, water or
other essential service to the tenant, except in case of
abandonment, surrender or as permitted in this chapter.
$5,=21$ 6(&5(7$5< 2) 67$7( %(76(< %$</(66
Added by Laws 1975, Ch. 142, § 1.
§ 33-1483. Periodic tenancy; holdover remedies
A. The landlord may terminate a tenancy only as pro-vided
in this chapter.
B. If the tenant remains in possession without the
landlord’s consent after expiration of the term of the
rental agreement or its termination, the landlord
may bring an action for possession and if the ten-ant’s
holdover is wilful and not in good faith the
landlord in addition may recover an amount equal to
not more than two months’ periodic rent and twice
the actual damages sustained by him.
Added by Laws 1975, Ch. 142, § 1.
§ 33-1484. Landlord and tenant remedies for
abuse of access
A. If the tenant refuses to allow lawful access, the land-lord
may terminate the rental agreement and may
recover actual damages.
B. 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.
Added by Laws 1975, Ch. 142, § 1.
§ 33-1485. Special detainer actions; service; trial
postponement
A. Special detainer actions shall be instituted for reme-dies
prescribed in § 33-1476, subsection D, para-graph
3. Except as provided in this section, the
procedure and appeal rights prescribed in title 12,
chapter 8, article 4 apply to special detainer actions.
B. The summons shall be issued on the day the com-plaint
is filed and shall command the person against
whom the complaint is made to appear and answer
the complaint at the time and place named that is at
least three days but not more than six days from the
date of the summons. The tenant is deemed to have
received the summons three days after the summons
is mailed if personal service is attempted and within
one day of issuance of the summons, a copy of the
summons is conspicuously posted on the main
entrance of the tenant’s residence and on the same
day the summons is sent by certified mail, return
receipt requested, to the tenant’s last known
address. The summons in a special detainer action
shall be served at least two days before the return
day and the return day shall be made on the day
assigned for trial. Service of process in this manner
shall be deemed the equivalent of having served the
tenant in person for the purposes of awarding a
money judgment for all rent, damages, costs and
attorney fees due.
C. For good cause supported by an affidavit, the trial
may be postponed for not more than three days in a
justice court or five days in the superior court.
D. If after the hearing the court finds by a preponder-ance
of the evidence that the material and irrepara-ble
breach did occur, the court shall order restitution
in favor of the plaintiff at least twelve but not more
than twenty-four hours later.
E. If the defendant is found guilty, the court shall give
judgment for the plaintiff for restitution of the pre-mises,
for late charges stated in the rental agree-ment,
for costs and, at the plaintiff’s option, for all
rent found to be due and unpaid through the peri-odic
rental period provided for in the rental agree-ment
and shall grant a writ of restitution.
F. If the defendant is found not guilty, judgment shall
be given for the defendant against the plaintiff for
costs, and if it appears that the plaintiff has
acquired possession of the premises since commence-ment
of the action, a writ of restitution shall issue in
favor of the defendant.
Added by Laws 1996, Ch. 360, § 4, effective July 20, 1996.
$57,&/( 5(7$/,$725< $&7,21
§ 33-1491. Retaliatory conduct prohibited; eviction
§ 33-1491. Retaliatory conduct prohibited; evic-tion
A. Except as provided in this section, a landlord shall
not retaliate by increasing rent or decreasing ser-vices
or by bringing or threatening to bring an action
for eviction after any of the following:
1. The tenant has complained to a governmental
agency charged with responsibility for enforce-ment
of a building or housing code of a violation
applicable to the premises materially affecting
health and safety.
2. The tenant has complained to the landlord of a
violation under this chapter.
3. The tenant has organized or become a member
of a tenant’s union or similar organization.
4. The tenant has filed an action against the land-lord
in the appropriate court or with the appro-priate
hearing officer.
B. If the landlord acts in violation of subsection A of
this section, the tenant is entitled to the remedies
provided in section 33-1475 and has a defense in
action against him for eviction. In an action by or
against the tenant, evidence of a complaint within
six months prior to the alleged act of retaliation cre-ates
a presumption that the landlord’s conduct was
in retaliation. The presumption does not arise if the
tenant made the complaint after notice of termina-tion
of the rental agreement. For the purpose of this
subsection, “presumption” means that the trier of
fact must find the existence of the fact presumed
unless and until evidence is introduced which would
support a finding of its nonexistence.
C. The landlord of a mobile home park shall specify the
reason for the termination of any tenancy in such
mobile home park. The reason relied on for the ter-mination
shall be set forth with specific facts, so that
the date, place and circumstances concerning the
reason for termination can be determined. Refer-ence
to or recital of the language of this chapter, or
both, is not sufficient compliance with this subsec-tion.
D. Notwithstanding subsections A and B of this section,
a landlord may bring an action for eviction if either
of the following occurs:
1. The violation of the applicable building or hous-ing
code was caused primarily by lack of reason-
$5,=21$ 6(&5(7$5< 2) 67$7( %(76(< %$</(66
able care by the tenant or other person in his
household or upon the premises with this con-sent.
2. The tenant is in default in rent. The mainte-nance
of the action does not release the landlord
from liability under section 33-1471, subsection
B.
Amended by Laws 1991, Ch. 166, § 12, effective Septem-ber
21, 1991.
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$5,=21$ 5(9,6(' 67$787(6
7,7/( 3523(57<
&+$37(5 5(6,'(17,$/ 5(17$/ 3523(57<
$57,&/( *(1(5$/ 3529,6,216
§ 33-1901. Definitions
§ 33-1902. Residential rental property; recording
with the assessor; agent designation;
civil penalty
§ 33-1903. Appointment of temporary receiver;
term; duties, accounting
§ 33-1904. Inspections
§ 33-1905. Slum property; appeal
§ 33-1901. Definitions
In this article, unless the context otherwise requires:
1. “Managing agent” means a person, corporation,
partnership or limited liability company that is
authorized by the owner to operate and manage
the property.
2. “Residential rental property” means property
that is used solely as leased or rented property
for residential purposes. If the property is a
space rental mobile home park, residential
rental property includes the rental space that is
leased or rented by the owner of that rental
space but does not include the mobile home or
recreational vehicle that serves as the actual
dwelling if the dwelling is owned and occupied
by the tenant of the rental space and not by the
owner of the rental space.
3. “Slum property” means residential rental prop-erty
that has deteriorated or is in a state of dis-repair
and that manifests one or more of the
following conditions that are a danger to the
health or safety of the public:
(a) Structurally unsound exterior surfaces,
roof, walls, doors, floors, stairwells, porches
or railings.
(b) Lack of potable water, adequate sanitation
facilities, adequate water or waste pipe con-nections.
(c) Hazardous electrical systems or gas connec-tions.
(d) Lack of safe, rapid egress.
(e) Accumulation of human or animal waste,
medical or biological waste, gaseous or com-bustible
materials, dangerous or corrosive
liquids, flammable or explosive materials or
drug paraphernalia.
Added by Laws 1999, Ch. 4, § 10, effective August 6,
1999. Amended by Laws 2000, Ch. 283, § 10, effective
July 18, 2000.
§ 33-1902. Residential rental property; recording
with the assessor; agent designation; civil penalty
A. An owner of residential rental property shall main-tain
with the assessor in the county where the prop-erty
is located information required by this section
in a manner to be determined by the assessor. The
owner shall update any information required by this
section within ten days after a change in the infor-mation
occurs. The following information shall be
maintained:
1. The name, address and telephone number of the
property owner.
2. If the property is owned by a corporation, lim-ited
liability company, partnership, limited
partnership, trust or real estate investment
trust, the name, address and telephone number
of any of the following:
(a) For a corporation, a corporate officer.
(b) For a partnership, a general partner.
(c) For a limited liability company, the manag-ing
or administrative member.
(d) For a limited partnership, a general part-ner.
(e) For a trust, a trustee.
(f) For real estate investment trust, a general
partner or an officer.
3. The street address and parcel number of the
property.
4. The year the building was built.
B. An owner of residential rental property who lives
outside this state shall designate and record with
the assessor a statutory agent who lives in this state
and who will accept legal service on behalf of the
owner. The owner shall designate the agent in a
manner to be determined by the assessor. The infor-mation
shall include the name, address and tele-phone
number of the agent.
C. Residential rental property shall not be occupied if
the information required by this section is not on file
with the county assessor. This subsection does not
affect any existing lease.
D. All records, files and documents that are required by
this section are public records.
E. A person who fails to comply with any provision of
this section shall be assessed a civil penalty of one
thousand dollars, plus an additional one hundred
dollars for each month after the date of the original
violation until compliance occurs. The court shall
not suspend any portion of the civil penalty provided
by this subsection.
F. Notwithstanding subsection E of this section, if a
person complies within ten days after receiving the
complaint that notices the violation, the court shall
dismiss the complaint and shall not impose a civil
penalty.
G. In carrying out the provisions of this section the
county assessor shall have immunity as provided in
section 12-820.01.
Added by Laws 1999, Ch. 4, § 10, effective August 6,
1999. Amended by Laws 2000, Ch. 283, § 11, effective
July 18, 2000.
§ 33-1903. Appointment of temporary receiver;
term; duties, accounting
A. This state or a city, town or county of this state may
apply to the superior court for the appointment of a
temporary receiver to manage a property that is not
in compliance with section 33-1902 and that is desig-nated
as a slum property by a city, town or county or
the state.
$5,=21$ 6(&5(7$5< 2) 67$7( %(76(< %$</(66
B. If the court determines that the appointment of a
temporary receiver is necessary to remedy the condi-tion
for which the property is registered or to cause
the owner to register the property, the court may
order the appointment of a temporary receiver to
manage or operate the premises for as long as the
court deems necessary. The court shall not appoint a
temporary receiver for a term of more than one year.
C. A temporary receiver who is appointed pursuant to
subsection B of this section either shall be a real
estate licensee specializing in property management
or an attorney specializing in real estate law and
shall swear or affirm to faithfully and fairly dis-charge
the receiver’s duties. The court may require
the temporary receiver to post a bond in an amount
fixed by the court.
D. The court shall determine the following:
1. The management duties of the receiver.
2. The amount of compensation to be paid to the
receiver.
3. The method of payment.
4. The payment periods.
E. The temporary receiver shall continue to manage
the property during the pendency of any appeal or
until relieved by the court. The court may remove a
temporary receiver on its own motion or on the
motion of any party or the temporary receiver.
F. The temporary receiver may do any of the following:
1. Take control of the property.
2. Pay the mortgage on the property if there are
sufficient monies derived from the income of the
property to do so.
3. Collect rents due on the property.
4. Make or have made any repairs that are neces-sary
to bring the property into compliance with
any statute or ordinance.
5. Make payments that are necessary for the
maintenance or restoration of utilities to the
property.
6. Purchase materials that are necessary to make
repairs.
7. Renew, terminate or modify existing rental con-tracts
and leases as provided by law.
8. Enter into new rental contracts and leases.
9. Affirm, renew or terminate an existing insur-ance
contract that covers the property as pro-vided
by law.
10. Enter into a new contract that provides for
insurance coverage on the property.
11. Hire security or other personnel that are neces-sary
for the safe and proper operation and main-tenance
of the property.
12. Prosecute or defend suits that flow from the
management of the property and retain counsel.
13. Exercise all other authority that an owner of the
property would have except the authority to sell
the property.
G. Before the receiver spends monies in excess of ten
thousand dollars the court and the party who is
responsible for the payment of the temporary
receiver’s expenditures shall approve the expendi-ture
of those monies.
H. The costs of compensation to and expenditures by
the temporary receiver shall be paid in the following
order of priority:
1. From the income that is derived from the prop-erty
and that is available after all taxes and
mortgages are satisfied.
2. By the party who requested the appointment of
the temporary receiver.
I. On filing with the county recorder of the county in
which the property is located, a lien is created in
favor of the party who pays the temporary receiver’s
costs of compensation and expenditures other than
the defendant. The lien is prior to all other liens,
obligations or encumbrances except for prior
recorded mortgages, restitution liens, child support
liens and general tax liens.
J. On the completion of the receivership, the temporary
receiver shall file with the court a full accounting of
all costs and expenses incurred and all income
received during the course of the receivership.
K. On finding that the appointment of a temporary
receiver is no longer warranted, the court on its own
motion or the motion of any party may terminate the
temporary receivership.
L. On compliance with section 33-1902 and after all
violations have been cured, the temporary receiver-ship
shall be terminated.
Added by Laws 1999, Ch. 4, § 10, effective August 6,
1999. Amended by Laws 2000, Ch. 283, § 12, effective
July 18, 2000.
§ 33-1904. Inspections
A. In addition to any other statute or ordinance provid-ing
for the inspection of property, a city, town or
county or the state may inspect the residential
rental property if either of the following occurs:
1. A property owner fails to comply with the provi-sions
of section 33-1902. The property is subject
to immediate inspection until there is compli-ance.
If the property is occupied, the inspecting
authority shall request consent of the tenant
before entering the interior of the structure.
Except as otherwise provided by law, the right
of inspection does not extend to the interior of a
dwelling unit in a space rental mobile home
park or recreational vehicle park that is not
owned by a landlord unless the tenant is in pos-session
of the dwelling unit, or if the dwelling
unit is vacant or abandoned, the owner consents
to the inspection. If the tenant refuses to con-sent
to the entry, the inspecting authority has
recourse to any remedy provided by law to
secure entry.
2. A property has been designated as a slum prop-erty
by a city, town or county or the state. The
city, town, county or state may annually inspect
a property designated as a slum property for
three consecutive years. A city, town or county
or the state shall establish the process by which
a property is designated as a slum property.
B. The property owner is responsible for the costs of an
inspection that is conducted pursuant to this section.
If the property that is inspected is a dwelling unit in
a space rental mobile home park or recreational
vehicle park that is not owned by a landlord, the
owner of the dwelling unit is responsible for the
costs of the inspection.
C. On recording a penalty or inspection cost with the
recorder’s office in the county in which the property
$5,=21$ 6(&5(7$5< 2) 67$7( %(76(< %$</(66
is located, the penalty or inspection cost is deemed to
be an assessment and is prior to all other liens, obli-gations
or encumbrances except for liens under title
12, chapter 7, article 12, prior recorded mortgages,
restitution liens, child support liens and general tax
liens. If the property that was inspected was a dwell-ing
unit in a space rental mobile home park or recre-ational
vehicle park that is not owned by a landlord,
a lien shall not be recorded against the owner of the
property other than the dwelling. the lien may be
filed with the department of transportation and, if
filed, has the same effect as otherwise provided for
in this section.
D. This section shall not affect any other statute or
ordinance pertaining to inspection of property.
Added by Laws 1999, Ch. 4, § 10, effective August 6,
1999.
§ 33-1905. Slum property; appeal
A. A governmental agency that may designate a resi-dential
rental property as a slum property shall
establish procedures by which the owner of the prop-erty
may file an administrative appeal contesting
the designation of the property.
B. The decision at the hearing on the administrative
appeal is the final administrative decision.
C. A party may appeal the administrative decision pur-suant
to title 12, chapter 7, article 6.
Added by Laws 1999, Ch. 4, § 10, effective August 6,
1999. Amended by Laws 2000, Ch. 283, § 13, effective
July 18, 2000.
* * * * * * * *
$5,=21$ 5(9,6(' 67$787(6
7,7/( 67$7( *29(510(17
&+$37(5 '(3$570(17 2) %8,/',1* $1' ),5( 6$)(7<
$57,&/( 2)),&( 2) 0$18)$&785(' +286,1*
§ 41-2155. Preemption of local building codes;
responsibility for maintenance of utility
connections
§ 41-2157. Costs of complying with standards;
reimbursement from relocation fund;
definition
§ 41-2155. Preemption of local building codes;
responsibility for maintenance of utility connec-tions
A. No building code or local enforcement agency or its
adopted building codes may require, as a condition of
entry into or sale in any county or municipality, that
any unit which has been certified pursuant to this
article be subjected to any local enforcement inspec-tion
to determine compliance with any standard cov-ering
any aspect of the unit which is inspected
pursuant to this article.
B. Except where a local enforcement agency partici-pates
in the office permit and insignia issuance pro-gram
for the installation of manufactured homes,
mobile homes, factory-built buildings and accessory
structures and inspection of such installations, no
local enforcement agency shall subject any unit
installed to any local inspections or charge a fee for
any services provided pursuant to this article.
C. A local enforcement agency in any county or munici-pality
shall recognize the minimum standards of the
act as equal to any nationally accepted or locally
adopted building code standard.
D. Nothing in subsection A, B or C of this section shall
prevent the application of local codes and ordinances
governing zoning requirements, fire zones, building
setback, maximum area and fire separation require-ments,
site development and property line require-ments
and requirements for on-site utility terminals
for factory-built buildings, manufactured homes,
mobile homes and recreational vehicles.
E. Notwithstanding any other provision of this section,
the owner of a manufactured home or mobile home
located in a park subject to title 33, chapter 11 is
responsible for the maintenance of utility connec-tions
from any outlets furnished by the landlord pur-suant
to section 33-1434 to the unit, except that the
landlord is responsible for the maintenance of con-nections
for any distance greater than twenty-five
feet to the point at which the utility connections are
the property of the providing utility company if the
outlet is located outside the lot line of the owner’s
unit and is more than twenty-five feet from the unit.
A local enforcement agency that determines that
local code requirements are not being met or that
maintenance or safety activities are needed for util-ity
connections may not require anyone except the
responsible party to perform or pay for such activi-ties.
Added as § 32-1171.16 by Laws 1977, Ch. 126, § 2.
Renumbered as § 32-1187. Amended by Laws 1978, Ch.
132, § 11. Amended by Laws 1980, Ch. 135, § 7, effective
July 1, 1980. Amended by Laws 1981, Ch. 298, § 18.
Amended by Laws 1985, Ch. 284, § 10, effective May 2,
1985. Renumbered as § 41-2155 by Laws 1986, Ch. 330, §
22. Amended by Laws 1989, Ch. 164, § 10. Amended by
Laws 1991, Ch. 166, § 13, effective September 21, 1991.
§ 41-2157. Costs of complying with standards;
reimbursement from relocation fund; definition
A. The costs of bringing a mobile home into compliance
with the requirements of this article may be reim-bursed
to the owner from the mobile home relocation
fund established under section 33-1476.02 if all of
the following are true:
1. The mobile home is moved from one mobile
home park in this state to another mobile home
park in this state.
2. The household income of the owner of the
mobile home is at or below one hundred per cent
of the current federal poverty level guidelines as
published annually by the United States depart-ment
of health and human services.
3. The mobile home is not being relocated as the
result of a judgment in a forcible detainer or
special detainer action requiring the owner to
$5,=21$ 6(&5(7$5< 2) 67$7( %(76(< %$</(66
vacate the mobile home park in which the
mobile home is located.
B. The amount of the reimbursement pursuant to this
section shall not exceed one thousand dollars for the
costs related to any mobile home.
C. The fund shall have a claim for reimbursement of
sums received under this section by an individual
who fails to reside in the mobile home for six months
following its relocation, unless failure was due to the
death or disability of a resident.
D. In this section, “owner” means an individual whose
primary residence has been the mobile home contin-uously
for the six month period preceding an appli-cation
for reimbursement, or an individual who has
purchased the mobile home and who intends to
reside in the mobile home as the individual’s pri-mary
residence after the relocation.
Added by Laws 1997, Ch. 241, § 2, effective July 21, 1997.
$57,&/( 2)),&( 2) $'0,1,675$7,21
§ 41-2195. Violation; classification; penalty
§ 41-2195. Violation; classification; penalty
A. No person required to be licensed pursuant to this
article may sell or offer to sell in this state any man-ufactured
home, recreational vehicle, factory-built
building or subassembly unless the proper state
insignia or HUD label is affixed to such unit.
B. No person required to be licensed pursuant to this
article may manufacture for delivery, sell or offer to
sell in this state any manufactured home, recre-ational
vehicle, factory-built building or subassem-bly
unless the unit and its components, systems and
appliances have been constructed and assembled in
accordance with the standards and rules adopted
pursuant to this chapter.
C. A person shall not occupy or otherwise use a mobile
home which has been brought into this state or move
a mobile home from one mobile home park in this
state to another mobile home park in this state
unless it meets the standards adopted pursuant to
this chapter and displays the proper state insignia.
A mobile home that is rehabilitated in accordance
with rehabilitation rules adopted by the department
and receives an insignia of approval shall be deemed
by a county or municipality to be acceptable for relo-cation
into an existing mobile home park. This sub-section
does not apply to a person bringing a mobile
home into this state as a tourist.
D. A person shall not advertise or offer for sale a mobile
home which has been brought into this state unless
it meets the standards adopted pursuant to this
chapter and displays the proper state insignia.
E. No person may remove or cause to be removed an
insignia of approval or a notice of violation without
prior authorization of the office.
F. A person shall not occupy or use a mobile home in
violation of an order to vacate issued pursuant to
section 41-2153, subsection B, paragraph 6.
G. Except as provided in subsection I of this section, a
person who violates any provision of this chapter, or
any such rule or standard, is guilty of a class 2 mis-demeanor.
H. The assistant director may, after notice and hearing
pursuant to the provisions of section 41-2181, sub-section
A, deny the issuance of a license or revoke or
suspend the license of, impose an administrative
penalty on or place on probation any manufacturer,
dealer, broker, salesperson or installer who has vio-lated
any provision of this chapter.
I. Any manufacturer, dealer, broker, salesperson, or
installer who knowingly violates any provision of
this chapter or the rules adopted pursuant to section
41-2144, subsection A, paragraphs 1, 2, 3, 10 or 11,
or any person who knowingly provides false informa-tion
to seek reimbursement of expenses under sec-tion
41-2157 is guilty of a class 1 misdemeanor. Each
violation of this chapter shall constitute a separate
violation with respect to each failure or refusal to
allow or perform an act required by this chapter,
except that the maximum fine may not exceed one
million dollars for any related series of violations
occurring within one year from the date of the first
violation.
J. An individual or a director, officer or agent of a cor-poration
who knowingly violates the provisions of
this chapter or the rules adopted pursuant to this
chapter in a manner which threatens the health or
safety of any purchaser is guilty of a class 1 misde-meanor.
K. A manufacturer, dealer, salesperson, or broker shall
not knowingly sell a unit regulated by this chapter
to an unlicensed person for the purpose of resale, nor
shall a dealer offer for sale or sell a new unit manu-factured
by an unlicensed person.
L. In addition to any other obligations imposed by law
or contract during the term of a listing agreement, a
licensee who has agreed to act as an agent to offer a
manufactured home for sale shall promptly submit
all offers to purchase the listed unit from any source
to the client. The offers shall be in writing and
signed and dated by the party making the offer and
the client on receipt. A copy of the executed docu-ment
shall be maintained as part of the record of
sales.
M. No licensee, owner, or other persons may manufac-ture,
alter, reconstruct, or install units regulated by
this chapter, unless it is accomplished in a work-manlike
manner in accordance with the rules
adopted pursuant to this chapter and is suitable for
the intended purpose.
Added as § 32-1171.17 by Laws 1977, Ch. 126, § 2.
Renumbered as § 32-1188. Amended by Laws 1978, Ch.
132, § 12, effective October 1, 1978. Amended by Laws
1978, Ch. 201, § 5, effective October 1, 1978. Amended by
Laws 1979, Ch. 85, § 3. Amended by Laws 1980, Ch. 135,
§ 8, effective July 1, 1980. Amended by Laws 1981, Ch.
298, § 19. Amended by Laws 1984, Ch. 224, § 13.
Amended by Laws 1985, Ch. 284, § 11, effective May 2,
1985. Renumbered as § 41-2195 and amended by Laws
1986, Ch. 330, § 51. Amended by Laws 1989, Ch. 164, §
24. Amended by Laws 1997, Ch. 221, § 205. Amended by
Laws 1997, Ch. 241, § 3.
$57,&/( 02%,/( +20( 3$5.6 +($5,1* 2)),&(5
)81&7,21
§ 41-2198. Administrative adjudication of com-plaints
§ 41-2198.01. Hearing; rights and procedures
§ 41-2198.02. Orders; penalties; disposition
§ 41-2198.03. Scope of hearing
$5,=21$ 6(&5(7$5< 2) 67$7( %(76(< %$</(66
§ 41-2198.04. Rehearing; appeal
§ 41-2198. Administrative adjudication of com-plaints
An administrative law judge shall adjudicate complaints
regarding and ensure compliance with the Arizona
mobile home parks residential landlord and tenant act
pursuant to title 41, chapter 6, article 10.
Added as § 41-811 by Laws 1986, Ch. 355, § 5, effective
July 1, 1987. Renumbered as § 41-2198 and amended by
Laws 1988, Ch. 208, §§ 10 and 11. Amended by Laws
1997, Ch. 221, § 206, effective July 21, 1997.
§ 41-2198.01. Hearing; rights and procedures
A. A person who is subject to title 33, chapter 11 or a
party to a rental agreement entered into pursuant to
title 33, chapter 11 may petition the department for
a hearing concerning violations of the Arizona
mobile home parks residential landlord and tenant
act by filing a petition with the department and pay-ing
a fifty dollar filing fee. All monies collected shall
be deposited in the state general fund and are not
refundable.
B. The petition shall be in writing on a form approved
by the department, shall list the complaints and
shall be signed by or on behalf of the persons filing
and include their addresses, stating that a hearing
is desired, and shall be filed with the department.
C. On receipt of the petition and the filing fee the
department shall mail by certified mail a copy of the
petition along with notice to the named respondent
that a response is required within ten days of mail-ing
of the petition showing cause, if any, why the
petition should be dismissed.
D. After receiving the response, the director or his des-ignee
shall promptly review the petition for hearing
and, if justified, refer the petition to the office of
administrative appeals. The director may dismiss a
petition for hearing if it appears to his satisfaction
that the disputed issue or issues have been resolved
by the parties.
E. Failure of the respondent to answer is deemed an
admission of the allegations made in the petition,
and the administrative law judge may proceed with
a default hearing.
F. Informal disposition may be made of any contested
case.
G. Either party or his authorized agent may inspect
any file of the department that pertains to the hear-ing,
if such authorization is filed in writing with the
department.
H. At a hearing conducted pursuant to this section, a
corporation may be represented by a corporate
officer or employee who is not a member of the state
bar if:
1. The corporation has specifically authorized the
officer or employee to represent it.
2. The representation is not the officer’s or
employee’s primary duty to the corporation but
is secondary or incidental to the officer’s or
employee’s duties relating to the management
or operation of the corporation.
Added as § 41-812 by Laws 1986, Ch. 355, § 5, effective
July 1, 1987. Renumbered as § 41-2198.01 by Laws 1988,
Ch. 208, § 10. Amended by Laws 1991, Ch. 166, § 14,
effective September 21, 1991; amended by Laws 1997, Ch.
221, § 207, effective July 21, 1997.
§ 41-2198.02. Orders; penalties; disposition
A. The administrative law judge may order any party
to abide by the statute or contract provision at issue
and may levy a civil penalty on the basis of each vio-lation.
All monies collected pursuant to this article
shall be deposited in the state general fund to be
used to offset the cost of administering the adminis-trative
law judge function. If the petitioner prevails,
the administrative law judge shall order the respon-dent
to pay to the petitioner the filing fee required
by section 41-2198.01.
B. The order issued by the administrative law judge is
binding on the parties unless a rehearing is granted
pursuant to section 41-2198.04 based on a petition
setting forth the reasons for the request for rehear-ing,
in which case the order issued at the conclusion
of the rehearing is binding on the parties. The order
issued by the administrative law judge is enforce-able
through contempt of court proceedings.
Added as § 41-813 by Laws 1986, Ch. 355, § 5, effective
July 1, 1987. Renumbered as § 41-2198.02 and amended
by Laws 1988, Ch. 208, §§ 10 and 12. Amended by Laws
1997, Ch. 221, § 208, effective July 21, 1997.
§ 41-2198.03. Scope of hearing
The administrative law judge may hear and adjudicate
all matters relating to the Arizona mobile home parks
residential landlord and tenant act and rules adopted
pursuant to this article, except that the administrative
law judge shall not hear matters pertaining to rental
increases pursuant to § 33-1413, subsection G or I and
does not have the authority to impose civil penalties.
This section shall not be construed to limit the jurisdic-tion
of the courts of this state to hear and decide matters
pursuant to the Arizona mobile home parks residential
landlord and tenant act.
Added as § 41-814 by Laws 1986, Ch. 355, § 5, effective
July 1, 1987. Renumbered as § 41-2198.03 and amended
by Laws 1988, Ch. 208, §§ 10 and 13. Amended by Laws
1997, Ch. 221, § 209, effective July 21, 1997.
§ 41-2198.04. Rehearing; appeal
A. A person aggrieved by a decision of the administra-tive
law judge may apply for a rehearing by fili
Object Description
| Rating | |
| TITLE | Arizona Mobile home parks residential landlord and tenant act |
| CREATOR | Office of Secretary of State |
| SUBJECT | Landlord and tenant--Arizona; Mobile home parks--Law and legislation--Arizona; |
| Browse Topic |
Government and politics Business and industry |
| DESCRIPTION | This title contains one or more publications |
| Language | English |
| Publisher | Office of Secretary of State |
| Material Collection | State Documents |
| Source Identifier | SS 1.5:M 51 |
| Location | o17279129 |
| REPOSITORY | Arizona State Library, Archives and Public Records--Law and Research Library |
Description
| TITLE | Arizona Mobile home parks residential landlord and tenant act Effective August 9, 2001 |
| DESCRIPTION | 30 pages (PDF version). File size: 1080 KB |
| TYPE |
Text |
| RIGHTS MANAGEMENT | Copyright to this resource is held by the creating agency and is provided here for educational purposes only. It may not be downloaded, reproduced or distributed in any format without written permission of the creating agency. Any attempt to circumvent the access controls placed on this file is a violation of United States and international copyright laws, and is subject to criminal prosecution. |
| DATE ORIGINAL | 2001-08-09 |
| Time Period |
2000s (2000-2009) |
| ORIGINAL FORMAT | Born Digital |
| Source Identifier | SS 1.5:M 51 |
| Location | o17279129 |
| DIGITAL IDENTIFIER | Mobile_Home_Parks_2001.pdf |
| DIGITAL FORMAT | PDF (Portable Document Format) |
| REPOSITORY | Arizona State Library, Archives and Public Records--Law and Research Library. |
| File Size | 1105621 Bytes |
| Full Text | I am pleased to present this publication of the Arizona Mobile Home Parks Residential Landlord and Tenant Act, Title 33, Chapter 11. The Office of the Secretary of State publishes this handbook as a resource for those interested in the landlord and tenant laws in the Great State of Arizona. As always, your comments about any of our publications are appreciated. BETSEY BAYLESS Secretary of State Updated with laws effective August 9, 2001 August 2001 www.sos.state.az.us e-mail: pubs@sos.state.az.us 7LWOH &KDSWHU $UL]RQD 5HYLVHG 6WDWXWHV $ SXEOLFDWLRQ RI WKH $UL]RQD 6HFUHWDU\ RI 6WDWH·V 2IILFH &XVWRPHU 6HUYLFH &HQWHU 1 WK $YHQXH 3KRHQL[ $UL]RQD 3KRQH )D[ 7XFVRQ 6DWHOOLWH 2IILFH : &RQJUHVV 6XLWH 7XFVRQ $UL]RQD &DSLWRO 2IILFH 0DLOLQJ $GGUHVV : :DVKLQJWRQ 6WUHHW WK )ORRU 3KRHQL[ $UL]RQD 3KRQH 7ROO IUHH 7'' 9LVLW XV RQ WKH :RUOG :LGH :HE DW ZZZ VRV VWDWH D] XV H PDLO SXEV#VRV VWDWH D] XV August 1, 2001 It is a pleasure to provide this publication of the Arizona Mobile Home Parks Residential Landlord and Tenant Act. Other pertinent sections to the law are also included. Changes in the law include amendments to § 33-1452 effective August 9, 2001. The Secretary of State’s Office prints this booklet for public information under A.R.S. Title 41, Chapter 1, Article 2. Feel free to contact my office for additional copies of this booklet at 602-542- 4086. An online link to the Arizona Mobile Home Parks Residential Landlord and Tenant Act is available on our Web site at www.sos.state.az.us. My staff and I look forward to assisting you. Betsey Bayless Secretary of State The Office of the Secretary of State is an equal opportunity employer. Requests for alternate formats and/or accom-modations can be made five days in advance by contacting the Secretary of State ADA Coordinator at 602.542.4285. $5,=21$ 6(&5(7$5< 2) 67$7( %(76(< %$ |
