Landlord and Tenant - Mobile Home Parks

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Question: If and when a tenant determines that the landlord "breaches an obligation" and the tenant delivers a written notice addressing that breach that isn't rectified within the 30 days after delivery of the notice, what are the consequences of the "termination of the rental agreement" for both the tenant and the landlord?

Answer: I believe you are referring to A.R.S. 33-1361 for a violation by the landlord. Here is the statute: 33-1361. Noncompliance by the landlord A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, including a material falsification of the written information provided to the tenant, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. If there is a noncompliance by the landlord with section 33-1324 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than five days after receipt of the notice if the breach is not remedied in five days. For the purposes of this section, material falsification includes false information relating to availability of the unit, except when a holdover tenant is in illegal possession or in violation of the rental agreement, the condition of the premises and any current services as represented by the landlord in writing and any representation regarding future services and any future changes regarding the condition of the premises, the provision of utility services and the designation of the party responsible for the payment of utility services. The rental agreement shall terminate and the dwelling unit shall be vacated as provided in the notice subject to the following: 1. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate. 2. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent. B. Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or with section 33-1318 or 33-1324. C. The remedy provided in subsection B of this section is in addition to any right of the tenant arising under subsection A of this section. D. If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant under section 33-1321. If the breach was material under A, you gave proper written notice of your intent to terminate the agreement (ten days for a material noncompliance or 5 days for a noncompliance materially affecting health and safety), and the landlord failed to remedy the noncompliance (A.R.S. 33-1361(A)(1)), the lease has ended, you can move out, and the landlord must return your security deposit per (and as limited by) A.R.S. 33-1321. Alternatively, if you did not intend to terminate the lease, under A.R.S. 33-1361(B), you may recover damages or obtain injunctive relief (a court order making the landlord stop doing something or do something they are not doing). I hope that helps. Here is a link to the Arizona Residential Landlord Tenant Act containing these statutes and others: https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/33/01361.htm

QUESTIONS

  • If and when a tenant determines that the landlord "breaches an obligation" and the tenant delivers a written notice addressing that breach that isn't rectified within the 30 days after delivery of the notice, what are the consequences of the "termination of the rental agreement" for both the tenant and the landlord?

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