Landlord and Tenant - Mobile Home Parks

questions & answers

Question: I bought a home in a MH park and applied for rental then landlord changed lock on door and wont let me in and denies application but wont tell me why. How do I get in my own home? I a more than willing to pay rent. I have almost 700 credit and no fellonies.

Answer: According to the Mobile Home Parks Residential Landlord Tenant Act, 33-1433:

33-1433. Landlord to deliver Possession of mobile home space
At the commencement of the tem the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement 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.

Penalties for failure to deliver possession are outlined in 33-1472.

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 following: 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, maintain an action for possession of the mobile home space against the landlord or any person wrongfully in possession and recover the damages sustained by him.
B. If the landlord fails to deliver constructive possession to the tenant because of noncompliance with section 33 - 1434, rent shall not abate. The tenant may proceed with the remedies provided for in section 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 sustained by him, plus any attorney's fees and court costs.   

For the full text of the Mobile Home Parks Residential Landlord Tenant Act, visit: http://www.dfbls.az.gov/userfiles/files/MHP%20LTA_as%20of%20January%202012%20%283%29%281%29.pdf

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QUESTIONS

  • I bought a home in a MH park and applied for rental then landlord changed lock on door and wont let me in and denies application but wont tell me why. How do I get in my own home? I a more than willing to pay rent. I have almost 700 credit and no fellonies.

STORIES

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