questions & answers

Question: I live in a mobile home court. Ive lived here for 5 years. I have 2 dogs a cat and a bird. My landlord is now tell all of us in the court we can only have 2 pets. I've had these animals for 5 years. Dogs have a fenced yard never get out of yard. Cat is inside outside. Bird lives in my house. She goes outside only in the summer always supervised. Can make yhey make me get ridof my pets? I own my trailer have never been late on lot rent. Hived lived here for 5 years

Answer: Under the Arizona Mobile Home Parks Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 11), mobile home park landlords must provide their current tenants with at least 30 days written notice before they may add, change, delete, or amend any park rule or regulation concerning their tenants’ use and occupancy of the premises (A.R.S. 1452(E)), and those rules or regulations themselves must have as their purpose “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” (A.R.S. 33-1452(A)). Any new rule or regulation that is adopted after a tenant has already entered into a rental agreement with the landlord will not be enforceable if it “work[s] a substantial modification of the rental agreement” (A.R.S. 33-1452(E)). As of May 31, 2016, any new rule or regulation that is adopted after “the tenant’s initial rental agreement” also will not be enforceable against the tenant if it imposes a reoccurring financial obligation on that tenant (A.R.S. 33-1452(B)). With these provisions in mind, you may wish to ask your landlord – in writing – to “grandfather” (grant a formal exemption from the new policy to) the existing pets of current tenants. Assuming your current rental agreement neither prohibits nor limits pets within the mobile home park, if your landlord attempts to enforce the new policy you very likely would be able to terminate your rental agreement and move without penalty.