Section 33-1434 of the Arizona Revised Statutes (the state law) states, in part:
A. The landlord shall:
- Comply with the requirements of all applicable city, county and state codes materially affecting health and safety.
- Make all repairs and do whatever is necessary to put and keep premises in a fit and habitable condition.
- Keep all common areas of the premises in a clean and safe condition.
- Maintain in good and safe working order and condition all swimming pool, shower, bathhouse, electrical, plumbing and sanitary facilities, including the recreational hall or meeting facilities supplied or required to be supplied or maintained by him.
- Provide for removal of garbage, rubbish, and other waste incidental to the occupancy of the mobile home space. . .
Note that Paragraphs 2 and 3 above refer to the "premises". "Premises" is defined in Section 33-1409.21 of the Statutes as "(the) mobile home park and existing facilities and appurtenances therein, including furniture and utilities where applicable, and grounds, areas and existing facilities held out for the use of tenants generally or whose use is promised to the tenant."
In various cases, the Mobile Home Parks Hearing Officer has ruled that the following were violations of Section 33-1434:
Streets in the park in disrepair Sewage odors and leaks in the park Unclean Pool Inadequate lighting throughout the park Missing tiles in the floors of common areas Unclean recreational halls and other facilities, such as bathrooms in common areas Holes in the fence around the park Empty spaces and common areas not kept clean and free of rubbish Improper water drainage in the park after rain; water gathering on one person's lot Shuffleboard courts not kept in good condition Pool tables not kept in good condition Broken mail boxes Broken tiles in showers
As you can see, Section 33-1434 of the Arizona Mobile Home Parks Residential Landlord and Tenant Act covers many different circumstances. It is one of many reasons why it is important for all manufactured home owners in rental communities to become familiar with the Act.
Under Section 41-2198 of the Arizona Revised Statutes, the mobile home parks hearing officer shall "adjudicate complaints regarding and ensure compliance with the Arizona mobile home parks residential landlord and tenant act. . ."
If you believe your landlord is violating the Act, you can file a case with the hearing officer by:
- Calling the Arizona Department of Building & Fire Safety at (602) 255-4072 and requesting a petition to file a case with the mobile home parks hearing officer.
- Complete the petition. It asks you to list your complaint and which sections of the Act you feel are being violated.
- Return the petition and a $50 filing fee to the hearing officer. If you prevail in the case, the hearing officer will order the landlord to reimburse the $50 fee to you.
- After sending a copy of your complaint to the landlord, the hearing officer will send you a copy of the landlord's response. If the problems are not cured by that time, a date will be set for a hearing. Either party may be represented by an attorney at the hearing.
- After the hearing, the hearing officer will issue a written decision. The decision shall state what actions (if any) must be done and by what dates. Hearing officer decisions can be appealed to the Superior Court.
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