Anyone that owns a Manufactured or Mobile Home and rents a space in a Mobile Home Park is subject to the Laws in the "Mobile Home Parks Residential Landlord and Tenant Act", (hereafter called the "Act". Sections ARS 33-1409, 33-1413.01, 33-1434, 33-1474, 33-1482, and 41-2155 of the Arizona Revised Statutes relates to utilities.

Section 33-1413 of the Act states:

A.  If a landlord charges a tenant separately for water, gas or electricity there shall be a separate meter for each user for billing purposes. All utility charges on your bill must have opening and closing meter reading dates.

B.  The Landlord shall not charge more than the prevailing basic single family rate charged by the serving utility provider in your area.

This would be the same price as a person would pay if they were in a subdivision and owned their own land.

First, you must find out what the prevailing basic service single-family residential rate charged by the serving utility is. For example, say the landlord is charging you separately for water and he buys the water from the City Water Company. All you have to do is call the City Water Company and ask them how much they would charge you for the same amount of water using their single family residential rate. If the landlord is charging the same amount or less, you are not being overcharged. In many cases, a single family residential rate includes a minimum monthly charge plus an additional charge based upon usage. The landlord is allowed to charge the same.

Yes, according to the Act, the Landlord is only allowed to charge a tenant the basic service single family residential rate or less, regardless of how much the landlord pays for the utility.

Yes, but again, he is not allowed to charge more than the prevailing single family residential charge, fee or rate for these services than the provider charges.

Arizona State Law addresses this problem in two different places. First, Section 33-1474 (A) and (B). Wrongful failure to supply essential services:

It states that if the landlord deliberately or negligently fails to supply the essential services, the tenant may give reasonable notice to the landlord specifying the breach under tenants' remedies. The rights become effective once the tenant notifies the landlord. An exception to those rights is when there is negligence on behalf of the tenant, a family member, or someone on the premises with their consent.

Whenever there is a violation of the law within a manufactured housing rental community, AAMHO recommends you first try to discuss the problem with management. You may do this by yourself, or form a small committee of homeowners. If the situation is not corrected, put the problem in writing and send the letter to the park owner. You may then wish to file a case with a court or the mobile home parks hearing officer. Contact AAMHO for more information or assistance.