reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1412 - Notice

33-1412.
Notice
A. A person has notice of a fact if he has actual knowledge of it,  has received a notice or notification of it or from all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person " knows"  or " has knowledge"  of a fact if he has actual knowledge of it.
B. A person " notifies"  or " gives"  a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person " receives"  a notice or notification when it comes to his attention,  or in the case of the landlord,  it is delivered in hand or mailed by registered or certified mail to the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communication or delivered to any individual who is designated as an agent by section 33-1432 or,  in the case of the tenant,  it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication or,  in the absence of such designation,  to his last known place of residence other than the landlord's mobile home or space,  if known. If notice is mailed by registered or certified mail,  the tenant or landlord is deemed to have received such notice on the date the notice is actually received by him or five days after the date the notice is mailed,  whichever occurs first.
C. " Notice"  knowledge or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting the transaction and in any event from the time it would have been brought to his attention if the organization had exercised reasonable diligence,  but such knowledge shall be subject to proof.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1413.01 - Utility charges; waste, garbage and rubbish removal charges

33-1413.01.
Utility charges;  waste,  garbage and rubbish removal charges
A. If a landlord charges separately for gas,  water or electricity there shall be a separate meter for every user. For each billing period the cost of the charges for the period shall be separately stated,  along with the opening and the closing meter readings and the dates of the meter readings. Each bill shall show the computation of the charge generally in accordance with the serving utility company billing format for individual service supplied through a single service meter.
B. If the landlord separately charges for utilities,  the landlord shall not charge more than the prevailing basic service single family residential rate charged by the serving utility or provider.
C. For the purpose of regulating mobile home parks as public or consecutive water systems,  the state shall not adopt rules pursuant to title 49,  chapter 2,  article 9,  that are more stringent than authorized by the federal government. Submetering solely to determine the charges for individual water use by park tenants for the purpose of water conservation,  without other evidence indicating a transaction subject to regulation under title 49,  chapter 2,  article 9,  shall not be used as a basis for treating any mobile home park as a public or consecutive water system.
D. A landlord may charge separately for removal of waste,  garbage,  rubbish,  refuse and trash and for sewer services. Any charges for removal or sewer services may not exceed the prevailing single family residential charge,  fee or rate for these services levied by the political subdivision or provider.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1413.03 - Care givers

33-1413.03.
Care givers
Pursuant to state and federal fair housing laws,  a resident who has a disability as defined in section 41-1491 may have one or more persons occupy the resident's mobile home to provide necessary live-in health care,  personal care or supportive services if the care or services are necessary to afford the resident with a disability an equal opportunity to use and enjoy the dwelling. The landlord shall not charge a fee for the persons rendering live-in health care,  personal care or supportive services. The persons rendering live-in health care,  personal care or supportive services have no rights of tenancy,  and any agreement between the resident and the persons rendering live-in health care,  personal care or supportive services does not modify any term or condition of the rental agreement between the landlord and tenant. The persons rendering live-in health care,  personal care or supportive services shall comply with the rules and regulations of the mobile home park.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1414 - Prohibited provisions in rental agreements; late payment penalty

33-1414.
Prohibited provisions in rental agreements;  late payment penalty
A. A rental agreement shall not provide that the tenant agrees to:
1. Waive or to forgo rights or remedies under this chapter.
2. Pay the landlord's attorney fees,  except an agreement in writing may provide that attorney fees may be awarded to the prevailing party in the event of court action.
3. The exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith.
4. Permit the landlord to charge a penalty fee for late payment of rent unless a tenant is allowed a minimum of five days beyond the date the rent is due in which to remit payment.
5. Permit the landlord to charge a fee for a guest who does not stay for more than a total of fourteen days in any calendar month.
6. Waive or limit the tenant's right to summon or any other person's right to summon a peace officer or other emergency assistance in response to an emergency.
7. Payment of monetary penalties or otherwise penalizes the tenant for the tenant summoning or for any other person summoning a peace officer or other emergency assistance in response to an emergency.
8. Place any additional person's name on the title to the mobile home as a condition of tenancy or residency for that additional person or pay a fee or other form of penalty for failing to place an additional person's name on the title to the mobile home.
B. A provision that is prohibited by subsection A of this section and that is included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known to be prohibited,  the tenant may recover actual damages sustained and the rental agreement is voidable by the tenant.
C. A landlord may charge a penalty fee of not to exceed five dollars per day from the due date of the rent for late payment of rent if the payment is not remitted by the sixth day from the due date.
D. This section does not limit the landlord's right to evict a tenant pursuant to section 33-1476.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1415 - Separation of rents and obligations to maintain property forbidden

33-1415.
Separation of rents and obligations to maintain property forbidden
A rental agreement,  assignment,  conveyance,  trust deed or security instrument may not permit the receipt of rent,  unless the landlord has agreed to comply with section 33-1434,  subsection A.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1416 - Preemption by state; regulation of rents; exception

33-1416.
Preemption by state;  regulation of rents;  exception
A. Notwithstanding any other provision of law,  the state legislature determines that the imposition of rent control on mobile home spaces by counties,  cities,  including charter cities,  and towns is of statewide concern. Therefore,  the power to control rents on mobile home spaces is preempted by the state. Counties,  cities,  including charter cities,  or towns do not have the power to control rents.
B. Subsection A does not apply to mobile home spaces which are owned,  financed,  insured or subsidized by any state agency,  or by any county,  city,  including a charter city,  or town.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1417 - Rebates and referrals prohibited; mobile homes and manufactured homes; damages

33-1417.
Rebates and referrals prohibited;  mobile homes and manufactured homes;  damages
A. A landlord shall not offer,  solicit,  pay,  receive or require from another landlord or from a person who is licensed pursuant to title 41,  chapter 37,  article 4 any form of compensation or benefit in connection with the purchase,  sale,  rental,  location or removal of a mobile or manufactured home to or from a mobile home park or mobile home space.
B. A person who is licensed pursuant to title 41,  chapter 37,  article 4 shall not offer,  solicit,  pay,  receive or require from another person who is licensed pursuant to title 41,  chapter 37,  article 4 or from a landlord any form of compensation or benefit in connection with the purchase,  sale,  rental,  location or removal of a mobile or manufactured home to or from a mobile home park or mobile home space.
C. This section does not apply to any of the following:
1. Compensation paid by a licensed dealer or broker to a licensed salesperson for activities within the scope of employment.
2. Money or other benefits paid directly to a tenant or prospective tenant by a landlord when fully disclosed to the tenant in writing.
3. Payments or other benefits provided between a landlord and a licensed dealer or broker with an ongoing business relationship if those payments or benefits received total less than one hundred dollars in a calendar year.
4. Payments made by a landlord to a licensed dealer or broker as a commission in connection with the sale of a mobile or manufactured home or recreational vehicle owned by the landlord.
D. A person who violates this section is liable for three times the amount of money damages suffered by the person harmed.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1418 - Incorporated tenants' park purchase association

33-1418.
Incorporated tenants' park purchase association
A. An incorporated tenants' park purchase association may be formed for the purpose of giving written notification to the owner of a mobile home park of the association's interest in purchasing the park.
B. This section does not confer a right of first refusal to an association formed under subsection A. A mobile home park sale shall not be restricted in any way to affect the marketability of title.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1419 - Inheritance of mobile home; requirements

33-1419.
Inheritance of mobile home;  requirements
For any person who inherits a mobile home by will,  trust or any other testamentary conveyance,  all of the following apply:
1. The person may do either of the following:
(a) Reside in the mobile home on the premises only if the person meets the requirements prescribed for other tenants in the mobile home park,  including compliance with age requirements,  background checks and signing the mobile home park's standard rental documentation.
(b) Sell the mobile home in accordance with the provisions of this article and the deceased tenant's rental agreement.
2. The person shall pay any amount past due to the landlord from the deceased tenant.
3. The landlord shall apply all of the deceased tenant's prepaid amounts or credits,  including security deposits,  for the benefit of the person inheriting the mobile home.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1431 - Security deposits

33-1431.
Security deposits
A. A landlord shall not demand or receive as security,  however denominated,  prepaid rent in an amount or value in excess of two months' rent. This subsection does not prohibit a tenant from voluntarily paying more than two months' rent in advance.
B. The landlord shall pay not less than five per cent annual interest on any damage,  security,  cleaning or landscaping deposit required by a landlord of a tenant. The landlord shall either pay the interest annually or compound the interest annually.
C. Upon termination of the tenancy,  any security deposit,  less any accrued rent and damages,  if applicable,  shall be returned to the tenant within fourteen days. The security deposit may be applied to the payment of accrued rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with section 33-1451 if it is itemized by the landlord in a written notice delivered to the tenant together with the amount due within fourteen days of termination of the tenancy and delivery of possession by the tenant.
D. If the landlord fails to comply with subsections B and C of this section the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld.
E. This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this chapter.
F. The holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section.
G. The amount of any security deposit shall not be changed after the tenant executes the initial rental agreement.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1433 - Landlord to deliver possession of mobile home space

33-1433.
Landlord to deliver possession of mobile home space
At the commencement of the term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and section 33-1434. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in section 33-1483.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1434 - Landlord to maintain fit premises

33-1434.
Landlord to maintain fit premises
A. The landlord shall:
1. Comply with the requirements of all applicable city,  county and state codes materially affecting health and safety.
2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
3. Keep all common areas of the premises in a clean and safe condition.
4. 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 the landlord.
5. Provide for removal of garbage,  rubbish and other waste incidental to the occupancy of the mobile home space.
6. Furnish outlets for electric,  water and sewer services. The landlord shall also furnish a prospective tenant with information concerning the type,  size and power rating of all electrical,  water and sewer connections.
7. Provide a statement of proposed interruption of utility service to the tenants within a reasonable time frame except in the case of an interruption caused by an emergency. An emergency does not include any failure or refusal on the part of the landlord to fulfill the landlord's duties and obligations as specified in this section. A statement of proposed interruption of utility service may be provided by posting an announcement of the period of the interruption in a conspicuous place within the mobile home park or by individual delivery to each tenant.
B. A mobile home park landlord shall not impose any conditions of rental or occupancy that restrict the mobile home owner in the mobile home owner's choice of a seller of fuel,  furnishings,  goods,  services or mobile homes connected with the rental or occupancy of a mobile home space unless such condition is necessary to protect the health,  safety,  aesthetic value or welfare of mobile home residents in the park. However,  the landlord may impose reasonable conditions relating to central gas,  oil,  electricity or water meter systems in the park.
C. For new tenants who are moving into a mobile home park,  any rental agreements that are executed or adopted after December 31,  2016 shall specifically disclose in writing any requirement that the tenant maintain one or more existing trees located on the mobile home space.
D. Any change regarding the tenant's obligation to maintain any one or more trees located on the mobile home space constitutes a substantial modification of the rental agreement pursuant to section 33-1452.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1435 - Limitation of liability

33-1435.
Limitation of liability
A. Unless otherwise agreed,  a landlord who conveys premises that include a mobile home space subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this chapter as to events occurring subsequent to written notice to the tenant of the conveyance. He remains liable to the tenant for any right of possession,  property and money to which the tenant is entitled under section 33-1431.
B. Unless otherwise agreed,  a manager of premises that include a mobile home space is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the termination of his management,  except such notice shall not terminate any agreement or legal liability.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1436 - Statement of policy; amendment; contents; new statements

33-1436.
Statement of policy;  amendment;  contents;  new statements
A. Before execution of the rental agreement the landlord or any person authorized to enter into the rental agreement shall provide the tenant with the statements of policy of the mobile home park and the date of expiration of each statement. The landlord or any successor in interest shall not delete or amend any statement of policy while it is in force.
B. The statements of policy shall be attached to the rental agreement and shall include a statement of the following:
1. The classification of the mobile home park as a family community or a housing community for older persons.
2. The period of time before any change in use is expected.
3. Any method of determining rent changes.
4. The right of first refusal on the sale of the mobile home park if any is given to the tenants and under what conditions the right may be exercised.
5. The size and other specifications of mobile homes allowed in the mobile home park including whether the mobile home must be new or used and whether it must be set at ground level or above ground level.
6. The improvements required as a condition of tenancy. If consistent with the rental agreement,  the statement of policy may require improvements that the tenant will be required to furnish,  install and maintain to the mobile home space being rented and that constitute permanent improvements that cannot be removed at the expiration of the rental agreement including the estimated cost of each permanent improvement. Any change in a statement of policy regarding permanent improvements does not apply to an existing tenant or to any renewal of a rental agreement by an existing tenant.
7. That insuring the mobile home is the tenant's responsibility including fire department response insurance in unincorporated areas.
C. At least sixty days before the expiration of a statement of policy,  the landlord shall notify all of the tenants of any new statement of policy.
D. Beginning on January 1,  2000,  a landlord may have only one set of statements of policy in effect at any period of time and that set of statements of policy applies to all tenants. A landlord with more than one set of statements of policy in effect on January 1,  2000 shall provide to all tenants by February 1,  2000 a copy of the set with the longest expiration date and that set of statements of policy applies to all tenants at that park.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1437 - Education requirements for park managers; complaint; administrative hearing; civil penalty

33-1437.
Education requirements for park managers;  complaint;  administrative hearing;  civil penalty
A. Within six months after employment as a park manager,  a park manager shall complete at least six hours of educational programs and shall complete at least six additional hours of educational programs every two years.
B. A park manager shall post proof of completion of and compliance with the educational program requirements prescribed by this section in a conspicuous place at the mobile home park.
C. A tenant may file a complaint with the director if,  on request from the tenant,  the tenant s park manager cannot produce proof of completion of the requirements prescribed in this section. The director shall issue a show cause order to the landlord directing the landlord to provide proof that the requirements of subsection A have been satisfied. If the landlord fails to produce satisfactory evidence of compliance or fails to respond within thirty days after service by certified mail of the show cause order,  the director shall impose a five hundred dollar civil penalty,  with an additional five hundred dollar per month civil penalty to accrue each full calendar month beginning with the second month following service of the notice of imposition of civil penalty. All civil penalties shall be exonerated if,  within six months after service of the notice of imposition of civil penalty,  the landlord furnishes satisfactory evidence of compliance. Otherwise,  the matter shall be referred to the attorney general for enforcement and collection of the civil penalties and a ten per cent surcharge on the total amount of the civil penalties collected. All civil penalties shall be deposited in the state general fund and the ten per cent surcharge shall be deposited in the mobile home relocation fund.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1438 - Transfer of records; sale of park

33-1438.
Transfer of records;  sale of park
On the sale or other transfer of a mobile home park,  the landlord shall deliver to the buyer or other transferee all available plans,  drawings and records pertaining to the location of all underground facilities in the parks,  all plans,  drawings,  surveys and plats of the park,  all records pertaining to tenant security deposits and complete files for each tenant of the park at closing containing rental agreements and all other documents and disclosures required by this chapter that are in the possession of the landlord. A landlord who fails to deliver reasonably accurate and maintained installation records of active,  inactive and abandoned underground facilities installed after December 31,  2006 is liable for all damages proximately caused by the failure,  including all expenses incurred by successor landlords to create the installation records.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1451 - Tenant to maintain mobile home space; notice of vacating; clearance for removal; criminal violation

33-1451.
Tenant to maintain mobile home space;  notice of vacating;  clearance for removal;  criminal violation
A. A tenant of a mobile home space shall exercise diligence to maintain that part of the premises that the tenant has rented in as good condition as when the tenant took possession and shall:
1. Comply with all obligations primarily imposed on tenants by applicable provisions of city,  county and state codes materially affecting health and safety.
2. Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permits.
3. Dispose from the tenant's mobile home space all rubbish,  garbage and other waste in a clean and safe manner as prescribed by park rules.
4. Not deliberately or negligently destroy,  deface,  damage,  impair or remove any part of the premises or knowingly permit any person to do so.
5. Conduct himself and require other persons on the premises with the tenant's consent to conduct themselves in a manner that will not disturb the tenant's neighbors' peaceful enjoyment of the premises.
6. Inform the landlord or manager of the mobile home park at least thirty days before the expiration of the rental agreement that the agreement will not be renewed by the tenant and that the premises will be vacated. If timely notice is not given prior to moving from the mobile home space,  the tenant is responsible for rent equal to an amount consistent with the applicable notice period.
B. A tenant shall not remove a mobile home from a mobile home space unless the tenant has received from the landlord a clearance for removal showing that all monies due the landlord as of the date of removal have been paid or that the landlord and tenant have otherwise agreed to the removal. The landlord shall not interfere with the removal of a mobile home for any reason other than nonpayment of monies due as of the date of removal even if the term of the rental agreement has not expired.
C. A person shall not enter a mobile home park and begin work on the removal of a mobile home from a mobile home park without first satisfying the requirements for a clearance for removal as prescribed in section 33-1485.01. A person who has not satisfied the requirements for a clearance for removal as prescribed in section 33-1485.01 and who refuses to leave and remove their removal equipment from the mobile home park on request from the landlord commits criminal trespass in the third degree pursuant to section 13-1502. This subsection does not apply if the landlord refuses to provide the clearance for removal if the requirements in section 33-1485.01 are satisfied.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1454 - Tenant to occupy as a dwelling unit; authority to sublet

33-1454.
Tenant to occupy as a dwelling unit;  authority to sublet
A. Unless otherwise agreed,  the tenant shall occupy the tenant's mobile home only as a dwelling unit and may sublet,  upon written agreement with the park management.
B. If a landlord adopts a policy of permitting subleasing,  the landlord shall not unreasonably withhold approval of subleases and subtenants. A landlord may adopt a policy that prohibits subleasing,  but that policy is not effective against any subleasing that had been approved by the landlord and that was in effect at the time the subleasing prohibition was adopted.
C. This section shall not be construed to require any landlord to permit subleasing of spaces.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1471 - Noncompliance by the landlord

33-1471.
Noncompliance by the landlord
A. Except as provided in this chapter,  if there is a material noncompliance by the landlord with the rental agreement,  the rules and regulations or statements of policy,  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 thirty days after receipt of the notice if the breach is not remedied in fourteen days. If there is a noncompliance by the landlord with section 33-1434 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 twenty days after receipt of the notice if the breach is not remedied in ten days. The rental agreement shall terminate and the mobile home space 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 his family or other person on the premises with his 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 section 33-1434.
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 deposits less reasonable damages.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1472 - Failure to deliver possession

33-1472.
Failure to deliver possession
A. If the landlord fails to deliver physical possession of the mobile home space to the tenant as provided in section 33-1433,  rent abates until possession is delivered and the tenant may do either of the following:
1. Upon at least five days' written notice to the landlord terminate the rental agreement and upon termination the landlord shall return all deposits.
2. Demand performance of the rental agreement by the landlord and,  if the tenant elects,  maintain an action for possession of the mobile home space against the landlord or any person wrongfully in possession and recover the damages sustained by him.
B. If the landlord fails to deliver constructive possession to the tenant because of noncompliance with section 33-1434,  rent shall not abate. The tenant may proceed with the remedies provided for in section 33-1471.
C. If a person's failure to deliver possession is wilful and not in good faith,  an aggrieved person may recover from that person the actual damages sustained by him,  plus any attorney's fees and court costs.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1473 - Self-help for minor defects

33-1473.
Self-help for minor defects
A. If the landlord fails to comply with section 33-1434,  the tenant may recover damages for the breach under section 33-1471,  subsection B,  or may notify the landlord of his intention to correct the condition at the landlord's expense. After being notified by the tenant in writing,  if the landlord fails to comply within twenty days or as promptly thereafter as conditions require in case of emergency,  the tenant may cause the work to be done by a licensed contractor and,  after submitting to the landlord an itemized statement and a waiver of lien,  deduct from his rent the actual and reasonable cost of the work.
B. A tenant may not repair at the landlord's expense if the condition was caused by the deliberate or negligent act or omission of the tenant,  a member of his family or other person on the premises with his consent.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1474 - Wrongful failure to supply essential services

33-1474.
Wrongful failure to supply essential services
A. If contrary to the rental agreement or section 33-1434,  the landlord deliberately or negligently fails to supply essential services,  the tenant may give reasonable notice to the landlord specifying the breach under tenant's remedies.
B. The rights under this section do not arise until the tenant has given notice to the landlord. Such rights do not arise if the condition was caused by the deliberate or negligent act or omission of the tenant,  a member of his family or other person on the premises with his consent.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1475 - Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services

33-1475.
Tenant's remedies for landlord's unlawful ouster,  exclusion or diminution of services
If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption of electric,  gas,  water or other essential service to the tenant,  the tenant may recover possession or terminate the rental agreement and,  in either case,  recover an amount equal to two months' periodic rent and twice the actual damages sustained by him. If the rental agreement is terminated,  the landlord shall return all deposits.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1476.02 - Mobile home relocation fund; investment of monies

33-1476.02.
Mobile home relocation fund;  investment of monies
A. The mobile home relocation fund is established consisting of monies collected pursuant to sections 33-1476.03 and 33-2151 and any surcharge collected pursuant to section 33-1437. The director shall administer the fund.
B. Fund monies shall be used as prescribed in sections 33-1476.04 and 41-4008 and to pay premiums and other costs of purchasing,  from a private insurer who is licensed to transact insurance business in this state,  insurance coverage for tenant relocation costs due to a change in use as prescribed in sections 33-1476.01,  33-1476.05,  33-2149 and 33-2150. Any insurance rebates shall be deposited in the fund. If such insurance is not available,  or if the insurance costs exceed the amount available from the fund,  the fund shall be used to make direct payments for tenant relocation costs. Monies in the fund in excess of the amount required for these purposes shall be used,  as necessary,  to support the Arizona department of housing's administration of the hearing function pursuant to section 41-4062 and the Arizona department of housing's administration of section 33-1437,  subsection C.
C. On notice from the director,  the state treasurer shall invest and divest monies in the fund as provided by section 35-313,  and monies earned from investment shall be credited to the fund. Any unexpended and unencumbered monies remaining in the fund at the end of the fiscal year do not revert to the state general fund but remain in the fund,  separately accounted for,  as a contingency reserve.
D. The director shall adopt,  amend or repeal rules pursuant to title 41,  chapter 6 for the administration of the fund. Fund monies shall be paid to the Arizona department of housing to offset the costs of administering the fund,  including the direct and indirect costs of processing applications for reimbursement submitted under section 41-4008 and administering the direct and indirect costs of section 33-1437,  subsection C. The attorney general shall review the costs charged to the fund.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1476.03 - Assessments for mobile home relocation fund; waiver

33-1476.03.
Assessments for mobile home relocation fund;  waiver
A. In order to provide monies for the mobile home relocation fund,  each owner of a mobile home located in a mobile home park who does not own the land on which the mobile home is located shall pay each year to the state an assessment equal to a rate of $.50 per $100 of the taxable assessed valuation,  derived by applying the applicable percentage specified in title 42,  chapter 15,  article 1 to the limited property value,  for each mobile home the person owns. The county treasurer shall collect the assessment imposed by this subsection at the same time and in the same manner as personal property taxes. The county treasurer shall separately list the assessment on the tax roll and shall transfer the revenues collected to the state treasurer for deposit in the mobile home relocation fund. The county treasurer shall send to the state treasurer a written notice of the total taxable assessed valuation,  derived by applying the applicable percentage specified in title 42,  chapter 15,  article 1 to the limited property value,  of all mobile homes in the county on which the assessment prescribed by this section is assessed. The assessment constitutes a lien on the mobile home.
B. The director shall notify all county assessors to waive the assessment for any year if the monies in the fund exceed $8, 000, 000. The director shall send a copy of the notice to the county treasurers.
C. If at the end of a fiscal year the amount of monies in the relocation fund is less than $6, 000, 000,  the director shall notify the county assessors to reinstate the assessment prescribed by this section. If the director notifies the county assessors,  the director shall send a copy of the notice to the county treasurers.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1477 - Failure to maintain by tenant

33-1477.
Failure to maintain by tenant
If there is noncompliance by the tenant with section 33-1451 materially affecting health and safety that can be remedied by repair,  replacement of a damaged item or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within ten days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time,  the landlord may enter the mobile home space,  cause the work to be done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as additional rent on the next date when periodic rent is due,  or if the rental agreement was terminated,  for immediate payment.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1478 - Remedies for abandonment; required registration

33-1478.
Remedies for abandonment;  required registration
A. If the tenant abandons the mobile home unit on a mobile home space,  it is incumbent upon the landlord to locate the legal owner or lienholder of the mobile home unit within ten days and communicate to him his liability for any costs incumbered for the mobile home space for such mobile home unit,  including rent and utilities due and owing. However,  the landlord shall be entitled to a maximum of sixty days' rent due prior to notice to lienholder. Any and all costs shall then become the responsibility of the legal owner or lienholder of the mobile home. The mobile home unit may not be removed from the mobile home space without a signed written agreement from the mobile home park landlord,  owner or manager showing clearance for removal,  showing all monies due and owing paid in full,  or an agreement reached with the legal owner and the landlord.
B. A required standardized registration form shall be filled out by each mobile home space renter,  upon mobile home space rental,  showing mobile home make,  year,  serial number and license number if any be legally required,  and also showing if the mobile home is paid for,  if there is a lien on the mobile home,  and if so the lienholder,  and who is the legal owner of the mobile home unit. The registration cards or forms shall be kept on file with the park management as long as the mobile home is on the mobile home space within the park. Notice shall be given to park management within ten days of any changes in a new lien,  changes of existing lien or settlement of lien.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1480 - Landlord liens; distraint for rent abolished

33-1480.
Landlord liens;  distraint for rent abolished
A. A lien or security interest on behalf of the landlord in the tenant's household goods is not enforceable unless perfected before the effective date of this chapter.
B. Distraint for rent is abolished.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1481 - Remedy after termination

33-1481.
Remedy after termination
A. If the rental agreement is terminated,  the landlord may have a claim for possession of the mobile home space and for rent and a separate claim for actual damages for breach of the rental agreement.
B. In the execution of any writ of restitution issued pursuant to section 12-1178 or 12-1181,  the landlord may provide written instructions to the sheriff or constable not to remove the mobile home from its space,  and if those written instructions are provided,  the sheriff or constable may fully execute the writ of restitution by removing all occupants and their possessions from the mobile home and from the space it occupies. The mobile home shall then be deemed abandoned and section 33-1478 applies and the landlord may terminate any utility services that are provided by the landlord. An owner of a mobile home in compliance with the provisions of subsection C of this section may recover possession of the owner's mobile home while the title remains in the owner's name.
C. A mobile home that is subject to a judgment for forcible detainer may not be removed from its space until the provisions of section 33-1451,  subsection B have been satisfied. The landlord may agree in writing to accept other terms in satisfaction of the judgment. This provision shall not apply to any lienholder of record on the date of judgment or its successors or assigns.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1482 - Recovery of possession limited

33-1482.
Recovery of possession limited
A landlord may not recover or take possession of the mobile home space by action or otherwise,  including wilful diminution of services to the tenant by interrupting or causing the interruption of electric,  gas,  water or other essential service to the tenant,  except in case of abandonment,  surrender or as permitted in this chapter.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1483 - Periodic tenancy; holdover remedies

33-1483.
Periodic tenancy;  holdover remedies
A. The landlord may terminate a tenancy only as provided in this chapter.
B. If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination,  the landlord may bring an action for possession and if the tenant's holdover is wilful and not in good faith the landlord in addition may recover an amount equal to not more than two months' periodic rent and twice the actual damages sustained by him.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1484 - Landlord and tenant remedies for abuse of access

33-1484.
Landlord and tenant remedies for abuse of access
A. If the tenant refuses to allow lawful access,  the landlord may terminate the rental agreement and may recover actual damages.
B. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant,  the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case,  the tenant may recover actual damages not less than an amount equal to one month's rent plus attorney's fees,  plus any unused prepaid rent.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1485 - Special detainer actions; service; trial postponement

33-1485.
Special detainer actions;  service;  trial postponement
A. Special detainer actions shall be instituted for remedies prescribed in section 33-1476,  subsection D,  paragraph 3. Except as provided in this section,  the procedure and appeal rights prescribed in title 12,  chapter 8,  article 4 apply to special detainer actions.
B. The summons shall be issued on the day the complaint is filed and shall command the person against whom the complaint is made to appear and answer the complaint at the time and place named that is at least three days but not more than six days from the date of the summons. The tenant is deemed to have received the summons three days after the summons is mailed if personal service is attempted and within one day of issuance of the summons,  a copy of the summons is conspicuously posted on the main entrance of the tenant's residence and on the same day the summons is sent by certified mail,  return receipt requested,  to the tenant's last known address. The summons in a special detainer action shall be served at least two days before the return day and the return day shall be made on the day assigned for trial. Service of process in this manner shall be deemed the equivalent of having served the tenant in person for the purposes of awarding a money judgment for all rent,  damages,  costs and attorney fees due.
C. For good cause supported by an affidavit,  the trial may be postponed for not more than three days in a justice court or five days in the superior court.
D. If after the hearing the court finds by a preponderance of the evidence that the material and irreparable breach did occur,  the court shall order restitution in favor of the plaintiff at least twelve but not more than twenty-four hours later.
E. If the defendant is found guilty,  the court shall give judgment for the plaintiff for restitution of the premises,  for late charges stated in the rental agreement,  for costs and,  at the plaintiff's option,  for all rent found to be due and unpaid through the periodic rental period provided for in the rental agreement and shall grant a writ of restitution.
F. If the defendant is found not guilty,  judgment shall be given for the defendant against the plaintiff for costs,  and if it appears that the plaintiff has acquired possession of the premises since commencement of the action,  a writ of restitution shall issue in favor of the defendant.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1491 - Retaliatory conduct prohibited; eviction

33-1491.
Retaliatory conduct prohibited;  eviction
A. Except as provided in this section,  a landlord shall not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for eviction after any of the following:
1. The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety.
2. The tenant has complained to the landlord of a violation under this chapter.
3. The tenant has organized or become a member of a tenant's union or similar organization.
4. The tenant has filed an action against the landlord in the appropriate court or with the appropriate hearing officer.
B. If the landlord acts in violation of subsection A of this section,  the tenant is entitled to the remedies provided in section 33-1475 and has a defense in action against him for eviction. In an action by or against the tenant,  evidence of a complaint within six months prior to the alleged act of retaliation creates a presumption that the landlord's conduct was in retaliation. The presumption does not arise if the tenant made the complaint after notice of termination of the rental agreement. For the purpose of this subsection,  " presumption"  means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.
C. The landlord of a mobile home park shall specify the reason for the termination of any tenancy in such mobile home park. The reason relied on for the termination shall be set forth with specific facts,  so that the date,  place and circumstances concerning the reason for termination can be determined. Reference to or recital of the language of this chapter,  or both,  is not sufficient compliance with this subsection.
D. Notwithstanding subsections A and B of this section,  a landlord may bring an action for eviction if either of the following occurs:
1. The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in his household or upon the premises with his consent.
2. The tenant is in default in rent. The maintenance of the action does not release the landlord from liability under section 33-1471,  subsection B.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1571 - Real property loans; exercise of due on sale clauses; prohibition

33-1571.
Real property loans;  exercise of due on sale clauses;  prohibition
Notwithstanding any provisions of title 6 to the contrary,  as provided by the thrift institutions restructuring act,  P.L. 97-320,  section 341,  subsection (c)(1)(A) the real property loans defined and described therein are regulated as follows:
1. From and after October 14,  1987,  and not before,  P.L. 97-320,  section 341,  subsection (b) applies to real property loans that were made or assumed,  including transfers of liened property subject to real property loans,  between July 8,  1971,  and October 15,  1982,  and that are secured by one to four family units utilized for residential purposes of two and one-half acres or less. Prior to October 15,  1987,  upon a transfer of interest in such property,  the interest rate on such loans shall not be increased by more than one-half of one per cent,  and all other limitations provided in section 33-806.01 shall apply.
2. P.L. 97-320,  section 341,  applies in accordance with its terms to all real property loans other than those described in paragraph 1 of this section.