Landlord and Tenant - Mobile Home Parks

questions & answers

Question: I paid my rent and late fees and they wont let me back into my mobile home for 6 days is that legal

Answer: Under Arizona law, a mobile home landlord may terminate a rental agreement for non-payment of rent only if the tenant fails to pay all rent due within 7 days after receiving written notice from the landlord. If, after those 7 days have passed, the landlord goes to court to seek the eviction of the tenant for non-payment of rent, the tenant may have the rental agreement reinstated if the tenant pays all past rent due as well as any reasonable attorney’s fees and court costs incurred by the landlord, as long as the court has not yet issued a judgment (A.R.S. 33-1476). Under Arizona law, a mobile home landlord may not simply lock a tenant out of the mobile home for non-payment of rent (A.R.S. 33-1482). The landlord must seek an eviction (or “special detainer”) through the court system (A.R.S. 33-1485). If a mobile home landlord unlawfully locks a tenant out of a mobile home, the tenant has the right not only to recover possession of that mobile home but also to recover from the landlord an amount equal to two months’ rent and twice any actual damages sustained by the tenant (A.R.S. 33-1475). Any tenant who believes that a landlord has acted unlawfully is advised to deliver to the landlord a signed and dated letter (1) stating how and when the landlord violated the landlord’s obligations under the Arizona Mobile Home Parks Residential Landlord and Tenant Act (A.R.S. 33 Chapter 11) and (2) informing the landlord that if the problem is not remedied the tenant may or will seek legal action. There are links to organizations offering free or low-cost legal services on this website.