Arizona Laws 33-1432. Disclosure of written rental agreement
A. The landlord or any person authorized to enter into a rental agreement on the landlord’s behalf shall disclose to the tenant in writing before entering into the rental agreement each of the following:
Terms Used In Arizona Laws 33-1432
- Director: means the director of the Arizona department of housing. See Arizona Laws 33-1409
- Guest: means a nonresident, over and above the occupancy limit set for the resident's space under the terms of the rental agreement or by park rules, of a mobile home park who stays at the home of a person with constructive possession of the home with the consent of the resident for one or more nights and not more than thirty days in any twelve-month period. See Arizona Laws 33-1409
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Landlord: means the owner, lessor, sublessor or operator, or any combination thereof, of a mobile home park and it also means a manager of the premises who fails to disclose as required by section 33-1432. See Arizona Laws 33-1409
- Mobile home park: means any parcel of land that contains four or more mobile home spaces. See Arizona Laws 33-1409
- Person: includes a company, partnership or firm as well as a natural person. See Arizona Laws 33-1409
- Premises: means the mobile home park and its existing facilities and appurtenances, 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. See Arizona Laws 33-1409
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Prospective tenant: means a person who desires to become a tenant. See Arizona Laws 33-1409
- Rent: means payments to be made to the landlord or designated agent in full consideration for the rented premises. See Arizona Laws 33-1409
- Rental agreement: means leases or agreements and valid rules adopted under section 33-1452 embodying the terms and conditions concerning the use and occupancy of a mobile home space and premises, and includes month-to-month tenancies that arise out of the expiration of a written rental agreement pursuant to section 33-1413. See Arizona Laws 33-1409
- Service of process: The service of writs or summonses to the appropriate party.
- Tenant: means a person signing a rental agreement or otherwise agreeing with a landlord for the occupancy of a mobile home space. See Arizona Laws 33-1409
- Writing: includes printing. See Arizona Laws 1-215
1. The name and address of the person authorized to manage the premises.
2. The name and address of the owner of the premises.
3. If applicable, the name and address of a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.
4. For a prospective tenant on an initial rental agreement, a written statement that shows the rent increases for the three full calendar years immediately preceding the prospective initial rental agreement date. This information shall be for basic space rental only and does not apply to other fees such as late charges, guest fees and utility charges. The landlord may disclose the rent history with calculations that fairly describe the rent history and that are made in any manner that reasonably informs the prospective tenant of the history of basic space rent in the mobile home park during that period. The disclosure calculation may be made in January of each year by adding the dollar amounts or percentage amounts for aggregate rental increases that became effective in the prior calendar year for every space in the park and dividing that number by the total number of occupied revenue spaces for which rent was or could have been increased. This average amount of rental increase or average percentage of rental increase shall be posted at the rental office for three years. Disclosure calculations made pursuant to this section shall be made to the best of the landlord’s ability.
B. The information required to be furnished by this section shall be kept current and refurnished to the tenant on the tenant’s request except that any successor landlord shall not be required to provide average rent disclosures relating to previous landlords.
C. When there is a new owner or operator this section extends to and is enforceable against any successor landlord, owner or manager.
D. A person who fails to comply with subsection A, paragraph 1, 2 or 3 or subsection B of this section becomes an agent of each person who is a landlord for the following purposes:
1. Service of process and receiving and receipting for notices and demands.
2. Performing the obligations of the landlord under this chapter and under the rental agreement and expending or making available for the purpose all rent collected from the premises.
E. The landlord or any person authorized to enter into a rental agreement on the landlord’s behalf shall post in a conspicuous place a copy of the current utility rates unless the tenant is charged directly by the utility company.
F. Each tenant shall be notified, in writing, of any rent increase at least ninety days prior to the increase by first class or certified mail or by personal delivery. The mobile home parks hearing officer has jurisdiction to determine whether notices have been served properly and in a timely manner.
G. Before entering into a rental agreement, the landlord or any person authorized to enter into the rental agreement shall provide to the prospective tenant a concise written summary of the Arizona mobile home parks residential landlord and tenant act that is approved by the director annually by November 1 and that includes any legislative changes made in the preceding year. The director shall post the approved summary on the Arizona department of housing’s website. The landlord shall provide the summary to the tenant at no cost to the tenant. The summary shall include information regarding where a complete copy of the act may be obtained or reviewed, including listing the Arizona department of housing’s website. This subsection does not apply to renewal of rental agreements. The Arizona department of housing shall post the act on the Arizona department of housing’s website.
H. The landlord shall make available to all tenants a concise written summary of the Arizona mobile home parks residential landlord and tenant act that is approved by the director annually by November 1 and that includes any legislative changes made in the preceding year. The summary shall include information regarding where a complete copy of the act may be obtained or reviewed, including listing the Arizona department of housing’s website. The director shall post the approved summary on the Arizona department of housing’s website. The landlord shall provide the summary at no cost to the tenants.