Mobile Home Park Evictions Laws in Arizona
If you live in a mobile home in the state of Arizona, it’s important to understand eviction rules. When renting a mobile home or space at a mobile home park, you can get evicted if you stop paying the rent or breach the obligations of the rental agreement. Being evicted is a stressful event that can have a severe impact on your life, so it’s essential to know your rights.
This article includes all the details you need to know on Arizona mobile home park eviction laws.
Relevant Eviction Laws in Arizona
Arizona eviction laws can be complex and case-dependent, so it’s important to do your homework. The following Arizona tenant eviction laws are relevant:
The Recreational Vehicle Long-Term Rental Space Act
This Arizona state law on eviction defines legal duties and rights when the tenant owns their own recreational vehicle. This act applies to mobile homes and also to motorhomes, camping trailers, and truck campers, among other vehicles. It is, however, only applicable when the tenant is renting a space under agreement for at least 180 days.
The Mobile Home Parks Residential Landlord and Tenant Act
Various Arizona rental eviction laws have been set under this act, including a range of provisions and obligations for tenants and landlords. Mobile home parks include all parcels of land with four or more mobile home spaces in Arizona. This act imposes an obligation of “good faith” on landlords and tenants, with each side obliged to act honestly and fairly. This act doesn’t apply to tenants who are renting a mobile home.
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The Arizona Residential Landlord and Tenant Act
This act applies to the lease of an apartment, house, or mobile home that is located in a mobile home park. If you don’t own the mobile home you’re living in, it is treated just like any other rental arrangement. Under Arizona law, you are obliged to pay rent on time and satisfy the following obligations:
- Keep the residence clean and safe.
- Remove and dispose of trash.
- Keep all plumbing fixtures clean.
- Use electrical appliances, heating and air-conditioning systems, and plumbing in a reasonable manner.
- Do not damage the property or allow someone else to do so.
- Unless agreed otherwise, use the property only as a residence.
What Are the Possible Reasons for Eviction?
There are many possible reasons for eviction under Arizona law in mobile home parks. A landlord may seek to evict a tenant when they have violated some aspect of the rental agreement, which can include either a physical lot space and/or a mobile home. While a landlord can only terminate a tenant’s rental agreement with “good cause,” this covers two broad scenarios:
- Not paying the rent
- Breaching the obligations listed above
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Eviction due to Unpaid Rent When You Own the Mobile Home
In the state of Arizona, the property owner or manager can initiate the eviction process once a tenant stops paying rent. However, certain rules and laws are applicable before the landlord can file an eviction complaint. Each step of the eviction process is clearly defined under law, financial assistance may be available through community programs, and legal support may also be an option.
Arizona eviction laws for nonpayment depend on certain stipulations. Before a landlord can file an eviction complaint against the tenant in court, they must present the tenant with a written Notice of Nonpayment.
This notice must include the following information:
- How much money the tenant owes. This may include rent, late fees, and any other charges. Late fees can only be charged on the fifth day after the rent is due.
- A statement informing the tenant of 7 days to pay. This 7-day period begins the day after the notice is issued, and it includes all calendar days.
The landlord must deliver the notice in person or via registered or certified mail. If the total amount due is not paid, the landlord can file an Eviction Complaint in court.
Eviction due to Unpaid Rent When You Don’t Own the Mobile Home
Arizona eviction laws for tenants are different if you don’t own the mobile home in a mobile home park. While you can also be evicted due to unpaid rent, people in this situation are given 5 days to pay instead of 7. Before a lawsuit can be filed, the tenant must be given a 5-day notice to pay the amount due in full. The eviction lawsuit can be filed on or after the sixth calendar day. As above, the landlord must deliver the notice in person or via registered or certified mail.
Eviction due to a Breach of the Rental Agreement
In Arizona, a tenant can be evicted from their mobile home in a mobile home park for breaching the lease or rental agreement. This action requires notice, and it needs to set a specific period for the tenant to fix the problem. These periods are dependent on the nature of the allegation, and they also depend on whether you own the mobile home.
Three breach notices are possible under Arizona law for evicting tenants:
- Immediate notice (or material and irreparable breach)
- 10-day notice for serious health and safety problems
- 14-day notice for significant or material violations
Arizona eviction laws without a lease also apply, with the landlord needing to provide a 30-day notice to vacate the property in this situation.
What Options Do Tenants Have When Evicted?
Most evictions occur when the tenant has not paid their rent on time. In this situation, the landlord must give notice within the time frames listed above. If payment has not been made within this period, the landlord can file suit. While the tenant’s inability to pay the rent is not a legal defense, they have the following options:
- Pay the amount listed in 5 or 7 days.
- Make a new payment arrangement.
If either of these options is not followed, the landlord has the right to evict the tenant. If the tenant owes money to the landlord for the use of mobile home space, the tenant cannot lawfully remove the mobile home in Arizona from the mobile home park without receiving written clearance from the landlord. Before the mobile home can be moved, the tenant must pay the entire amount or make a new payment arrangement.
If the landlord files an eviction complaint against the tenant for a breach of the lease or rental agreement, the tenant must be given an opportunity to fix the problem. The landlord or property manager must first provide the tenant with a notice, with the timeline dependent on the nature of the breach. In this situation, the tenant must repair the breach within the timelines listed above.
If you have been served with an eviction notice, there is always the option to sell or relocate your mobile home from a mobile home park in Arizona. At Phoenix Mobile Home, we specialize in buying and selling mobile homes in Arizona, and we also work with a reputable network of mobile home movers. If you’re at risk for eviction, call Phoenix Mobile Home today at (480) 462-6575 or fill out the form below to get a cash offer on your mobile home today!