Arizona Laws 33-2143. Termination or nonrenewal of rental agreement by landlord; noncompliance with rental agreement by tenant; failure to pay rent; notice; damages; definition
A. Except as provided in subsection F of this section, the landlord shall specify the reason or reasons for the termination or nonrenewal of any tenancy subject to this chapter. The reason or reasons relied on for the termination or nonrenewal shall be stated in writing with specific facts, so that the date, place and circumstances concerning the reason or reasons for termination or nonrenewal can be determined. Reference to or recital of the language of this chapter, or both, is not sufficient compliance with this subsection.
Terms Used In Arizona Laws 33-2143
- Action: includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. See Arizona Laws 33-2102
- Change in use: means a change in the use of land from the rental of recreational vehicle spaces in a recreational vehicle park to some other use. See Arizona Laws 33-2102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Landlord: means :
(a) The owner, lessor, sublessor or operator, or any combination of these persons, of a recreational vehicle park. See Arizona Laws 33-2102
- Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
- Notice: means delivery by hand or mailed by registered or certified mail to the last known address of the landlord or tenant. See Arizona Laws 33-2102
- Premises: means the recreational vehicle park and existing facilities and appurtenances in the park, including furniture and utilities, if 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 33-2102
- Property: includes both real and personal property. See Arizona Laws 1-215
- Rent: means payments to be made to the landlord or designated agent in full consideration for the rented premises. See Arizona Laws 33-2102
- Rental agreement: means oral or written leases or agreements and valid rules embodying the terms and conditions concerning the use and occupancy of a recreational vehicle space. See Arizona Laws 33-2102
- Tenant: means a person signing a rental agreement or otherwise agreeing with a landlord for the occupancy of a recreational vehicle space for more than one hundred eighty days. See Arizona Laws 33-2102
- Writing: includes printing. See Arizona Laws 1-215
B. Except as provided in subsection F of this section, the landlord shall not terminate or refuse to renew a rental agreement without good cause.
C. The landlord’s right to terminate or to refuse to renew a rental agreement pursuant to subsection B of this section does not arise until the landlord has complied with subsection D, E or F of this section.
D. Except as otherwise prohibited by law:
1. If there is a material noncompliance by the tenant with the rental agreement, the landlord shall deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days.
2. If there is a noncompliance by the tenant materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than twenty days after receipt of the notice if the breach is not remedied in ten days. If the breach is remediable by repair or the payment of damages or otherwise, and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement does not terminate.
3. If there is a noncompliance by the tenant that is both material and irreparable, including an unlawful discharge of a weapon, prostitution as defined in section 13-3211, the unlawful manufacture, sale, use, storage, transfer or possession of a controlled substance as defined in section 13-3451, the infliction of serious bodily harm, assault as prescribed in section 13-1203 or any other action that involves imminent serious property damage, the landlord may deliver a written notice for immediate termination of the rental agreement and proceed in a special detainer action pursuant to section 33-1485.
4. If a tenant engages in repetitive conduct that is the subject of notices under this subsection, after two incidents of the same type documented by the landlord within a twelve month period or after receipt by the landlord of two written complaints from other tenants about the repetitive conduct within a twelve month period, the landlord may deliver a written notice to the tenant specifying the repetitive conduct and the documentation and advising the tenant that on documentation of the next incident of the same type final notice will be given and the rental agreement or tenancy will be terminated thirty days after the date of the notice.
5. If a tenant has been involved in three or more documented incidents of conduct of any type described in this section within a twelve month period, the landlord may deliver a written notice to the tenant specifying the conduct and the documentation and advising the tenant that on documentation of the next incident final notice will be given and the rental agreement or tenancy will be terminated thirty days after the date of the notice.
E. If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement. Before judgment in an action brought by the landlord under this subsection, the tenant may have the rental agreement reinstated by tendering the past due but unpaid periodic rent, reasonable attorney fees incurred by the landlord and court costs, if any.
F. Except for those recreational vehicles that are park trailers as prescribed in section 33-2102, a landlord may refuse to renew a rental agreement without good cause by serving written notice to the tenant at least ninety days before the end of the rental agreement. In that event, the tenant must vacate the premises on or before the end of the rental agreement. For park trailers only, a landlord may refuse to renew or may terminate a rental agreement only with good cause.
G. For the purposes of this section, "good cause" means:
1. Noncompliance with any provision of the rental agreement.
2. Nonpayment of rent.
3. Clear and convincing evidence that a tenant has repeatedly violated this chapter and established a pattern of noncompliance with this chapter.
4. Change in use of land.