Mar 6, 2017

Eviction from Arizona Mobile Home Park

***This Specific Post Only Applies to Arizona Mobile Home Parks***

The landlord-tenant relationship with Arizona Mobile Home Parks is very different from the law that pertains to renting a traditional home or apartment. One major different between mobile home parks and traditional rental properties is the types of notices that are used to terminate a tenant's lease.

For instance, when a renter is behind on rent in a house then the landlord delivers a 5-day notice to pay or quit. However, A.R.S. § 33-1476 of the Arizona Mobile Home Parks Act requires the landlord to provide a 7-day notice to pay or quit. 

A second major distinction between the two Acts is requiring justification for non-renewal or termination of lease. In a traditional lease agreement a landlord can provide a tenant with a 30-day notice "without cause". Meaning the landlord does not have to give justification to the tenant as to why they are terminating the lease. 

However, per A.R.S. § 33-1476(A),
"The landlord shall specify the reason or reasons for the termination or non-renewal of any tenancy in the mobile home park. The reason or reasons relief on for the termination or non-renewal shall be stated in writing with specific facts..." 

Additionally, under A.R.S. § 33-1476(B) the landlord cannot terminate the tenancy without good cause. "Good cause" means;
  1. Non-compliance with any provision of the rental agreement.
  2. Non-payment 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 non-compliance with such provisions. 
Furthermore, A.R.S. § 33-1476(C) says there is a second part to section (B) and that until the landlord has complied with subsection D. E or H they cannot continue with the eviction. Wow!

A.R.S. § 33-1476(D)(1) States that before there can be a material non-compliance by the tenant, the landlord shall deliver a written notice to the tenant specifying the acts and omissions constituting the breach of the rental agreement. If 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 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 termination of rental agreement notice.
A.R.S. § 33-1476(D)(2) States: If there is a material breach by the tenant consisting of a noncompliance affecting health and safety, the landlord must deliver a notice terminating their lease in not less than 20 days. But, if the tenant remedies the situation within 10 days then the landlord must deliver another notice to the tenant informing them that their lease is not being terminated.
A.R.S. § 33-1476(D)(3) States: If there is a material and irreparable breach that occurs from shooting, murder, gang activity, prostitution, selling of drugs, threaten or intimidating, assault then the landlord may deliver a notice immediately terminating their tenancy.
A.R.S. § 33-1476(D)(4) States: If a tenant engages in repetitive poor behavior of two or more incidents of the same type within a 12 month period, the landlord may deliver a notice to the tenant stating that on the next incident of the same type final notice will be given and the rental agreement will be terminated 30 days after the date of the notice. 
A.R.S. § 33-1476(D)(5) States: If a tenant has been involved in three or more documented incidents, the landlord may deliver notice to the tenant advising that on documentation of the next incident final notice will be given and the lease will be terminated within 30 days.

So if you are having problems with an Arizona tenant in your mobile home park then do not hesitate to contact us at: 480-344-4035 so you can discuss your situation with an experienced eviction attorney.

***This Specific Post Only Applies to Arizona Mobile Home Parks***