questions & answers

Question: I wish to sell my mobile home located in a MH Park. The Owner of the park told me I have to sell it to him under the "Right of First Refusal" Law. I do not want to sell it to him, as he will use it as a rental. He is using this ROFR for personal gains. I have a buyer already. Does he have the right to force me to sell it to him under this ROFR? He has this written in current Rules and Regulations for tenants. He has already obtained two MH’s from owners by using this statement, and is now renting them out. Is this legal?

Answer: Under the Arizona law that governs mobile home park rules and regulations – which is Section 33-1452(F) of the Arizona Mobile Home Parks Residential Landlord and Tenant Act – a mobile home park landlord may not (among other things) “deny any resident of a mobile home park the right to sell the resident’s mobile home at a price of the resident’s own choosing during the term of the tenant’s rental agreement” (subject to the landlord’s approval of the purchaser, which the landlord may not unreasonably withhold); “require a tenant ... to use any specific sales agency ... or broker”; or “prohibit a tenant from advertising the sale or exchange of the tenant’s mobile home.” If a mobile home park tenant believes that their rental agreement contains a provision that is contrary to Arizona law, that tenant should contact an attorney. There are links to free and low-cost legal services on this website and the LegalLEARN Helpline toll-free telephone number is 1-866-637-5341.