questions & answers

Question: We bought our trailer in 1992 and have lived here since, our park has changed owners over the years, but now we are being informed that the new owners will be taking away the cable, and charging us for garbage pick-up which has always been included in the space rent along with sewer. We were just informed about the garbage pick-up today 10-9-2018 and as of 1-1-2019 we will be charged for garbage pick-up. Is this legal?

Answer: Landlords do have the right to change the terms of the rental agreement, but they must comply with the law in doing so.  Arizona Revised Statutes, Section 33-1413 states that "upon the expiration or renewal of any rental agreement, the landlord may increase or decrease the total rent or change payment arrangements.  The landlord shall notify the tenant in writing by first class or certified mail or by personal delivery at least 90 days prior to the expiration or renewal of any rental agreement of any such increase or change."  So, according to the statute, the landlord can remove the cable and can charge for garbage pickup.  However, you did not mention the period of your lease.  If you are on a one year lease, he must wait until the end of the lease period to make the change.  If you are on a month to month rental, he must give you 90 days notice by personal delivery, first class or certified mail.  It does not appear that you were given a full 90 days notice.  If he mailed you the notice, the notice time would begin to run on the postmarked date.  ARS 33-1413.01 (B) states that if the landlord charges for utilities such as garbage removal, he cannot charge more than the prevailing basic service single family residential rate.