questions & answers

Question: The owner of a mobile home and rv park in apache junction states in the rules that all units must be owner occupied no rentals. But he rents them.legal or not. Plus the rules also say no rvs are allowed in the driveways but the "manager" has one behind her mobile hooked up and she has no and is attendind no monthly training.

Answer: Section 33-1452 of the Arizona Mobile Home Parks Residential Landlord and Tenant Act says that landlords must adopt written rules or regulations, and that those rules or regulations will be enforceable against the tenant only if: 1. Their purpose is 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. 2. They are reasonably related to the purpose for which adopted. 3. They apply to all tenants on the premises in a fair manner. 4. They are sufficiently explicit in prohibition, direction or limitation of the tenant’s conduct to fairly inform the tenant of what must or must not be done to comply. 5. They are not for the purpose of evading the obligations of the landlord. 6. The prospective tenant has a copy of the current rules and regulations before the prospective tenant enters into the rental agreement. It says nothing about the landlord’s obligation to enforce those rules or regulations in the first place. If you believe that your landlord is applying the rules in an unfair manner, then you may wish to speak with an attorney.