Bill Text: AZ HB2287 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced
Bill Title: Mobile home landlord tenant; protections
Spectrum: Partisan Bill (Democrat 8-0)
Status: (N/A) - [HB2287 Detail]
Download: Arizona-2025-HB2287-Introduced.html
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REFERENCE TITLE: mobile home landlord tenant; protections |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HB 2287 |
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Introduced by Representatives Aguilar: Abeytia, Crews, Sandoval, Stahl Hamilton, Villegas; Senators Ortiz, Sundareshan
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AN ACT
Amending sections 12-1175, 12-1176 and 12-1178, Arizona Revised Statutes; Amending Title 33, chapter 11, article 1, Arizona Revised Statutes, by adding section 33-1413.04; Amending sections 33-1432 and 33-1476, Arizona Revised Statutes; Amending title 33, Chapter 11, article 4, Arizona Revised Statutes, by adding sections 33-1476.06 and 33-1479; Amending section 33-1485, Arizona Revised Statutes; Amending Title 33, chapter 11, article 4, Arizona Revised Statutes, by adding section 33-1486; relating to mobile home parks.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-1175, Arizona Revised Statutes, is amended to read:
12-1175. Complaint and answer; service and return; notice and pleading requirements
A. When a party aggrieved files a complaint of forcible entry or forcible detainer, in writing and under oath, with the clerk of the superior court or a justice of the peace, summons shall issue no not later than the next judicial day.
B. The complaint shall contain a description of the premises of which possession is claimed in sufficient detail to identify them the premises and shall also state the facts that entitle the plaintiff to possession and authorize the action.
C. The summons shall be served at least two days before the return day, and return made thereof on the day assigned for trial. If the summons is served by posting, the person serving the summons shall photograph the posting in a manner that identifies the location and that CONTAINS an embedded time and date stamp, and shall promptly submit the photograph electronically to the court's records.
D. Notwithstanding any other law, an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer.
Sec. 2. Section 12-1176, Arizona Revised Statutes, is amended to read:
12-1176. Demand for jury; trial procedure
A. If a jury trial is requested by the plaintiff, the court shall grant the request. If the proceeding is in the superior court, the jury shall consist of eight persons, and if the proceeding is in the justice court, the jury shall consist of six persons. The trial date shall be no more than five at least ten judicial days after the aggrieved party files the complaint DEFENDANT is served with the summons and complaint.
B. If the plaintiff does not request a jury, the defendant may do so on appearing and the request shall be granted.
C. The action shall be docketed and tried as other civil actions.
Sec. 3. Section 12-1178, Arizona Revised Statutes, is amended to read:
12-1178. Judgment; writ of restitution; limitation on issuance; criminal violation; notice
A. If the defendant is found guilty of forcible entry and detainer or forcible detainer, the court shall give judgment for the plaintiff for restitution of the premises, for all charges stated in the rental agreement and for damages, attorney fees, court and other costs and, at the plaintiff's option, all rent found to be due and unpaid through the periodic rental period, as described in section 33-1314, subsection C, as provided for in the rental agreement time of the DEFENDANT'S actual possession of the premises, which shall be determined as the prorated amount of the rent provided for in the rental agreement, and shall grant a writ of restitution. The amount for unpaid rent shall not include the entire periodic rental period unless the DEFENDANT actually possesses the premises for that entire PERIODIC rental period. The person designated by the judge to prepare the judgment shall ensure that the defendant's social security number is not contained on the judgment.
B. If the defendant is found not guilty of forcible entry and detainer or forcible detainer, judgment shall be given for the defendant against the plaintiff for damages, attorney fees and court and other 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.
C. No writ of restitution shall issue until the expiration of five seven calendar days after the rendition of judgment. The writ of restitution may be issued but shall not be enforced as promptly and expeditiously as possible until at least TWENTY-four hours after the plaintiff provides notice to the DEFENDANT that the DEFENDANT will be served with the writ of restitution. The issuance or enforcement of a writ of restitution shall not be suspended, delayed or otherwise affected by the filing of a motion to set aside or vacate the judgment or similar motion unless a judge finds good cause.
D. A defendant who is lawfully served with a writ of restitution and who remains in or returns to the dwelling unit, as defined in section 33-1310, or remains on or returns to the mobile home space, as defined in section 33-1409, or the recreational vehicle space, as defined in section 33-2102, without the express permission of the owner of the property or the person with lawful control of the property commits criminal trespass in the third degree pursuant to section 13-1502.
E. If the defendant is found guilty of forcible entry and detainer or forcible detainer, the court shall give the defendant notice that a defendant who is lawfully served with a writ of restitution and who remains in or returns to the dwelling unit or remains on or returns to the mobile home space or the recreational vehicle space without the express permission of the owner of the property or the person with lawful control of the property commits criminal trespass in the third degree pursuant to section 13-1502.
Sec. 4. Title 33, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 33-1413.04, to read:
33-1413.04. Rental application fees; additional fees
Notwithstanding any OTHER law, a landlord may not charge a prospective tenant:
1. For the cost of a background check or credit report if the PROSPECTIVE tenant provides the TENANT'S current credit report to the landlord.
2. More than the actual cost of any background check, credit report or other screening process used by the landlord as a condition of receiving, reviewing and considering the potential TENANCY of the prospective tenant. a landlord may not charge an APPLICATION fee or other separate fee to a prospective tenant for a BACKGROUND check, credit report or other screening process.
3. For MORE than one rental application in any TWELVE-month period.
4. An additional fee for the use of any service, online portal, automatic WITHDRAWAL or other similar process for making payment to the landlord.
Sec. 5. Section 33-1432, Arizona Revised Statutes, is amended to read:
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:
1. The name, telephone number, email address and address of the person authorized to manage the premises. This manager shall provide a physical address for a location at which the tenant may contact the manager, which sHall be in REASONABLE proximity to the rental premises.
2. The name, telephone number, email address and address of the owner of the premises. The owner or person authorized to act for the owner shall provide a physical address for a location that is open and accessible during business hours.
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. The owner or person authorized to act for the owner shall provide a physical address for a location that is open and accessible during business hours.
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 any changes to this INFORMATION shall be promptly furnished to all tenants without requiring a request from a tenant and shall be 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 before 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.
i. At or before the commencement of the tenancy, the LANDLORD shall disclose to the tenant:
1. On the first page of the rental agreement the EXACT amount of the periodic rent and the exact amount of any mandatory fees or expenses, without regard to how those fees or expenses are designated, and the due date for those payments. The landlord shall include the same disclosures in any advertisement or other promotional material that states the periodic rental rate and shall include those disclosures in any web-based promotional materials, including the website FOR the rental premises.
2. Any additional fees or costs that may be chargeable to the tenant and that are not included in the periodic rental rate, including charges for trash valet or for any UPGRADES to the premises necessary to use smart devices, and any other fees or costs, including taxes. The landlord shall include the same disclosures in any advertisement or other promotional material that states the periodic rental rate and shall include those disclosures in any web-based promotional materials, including the website for the rental premises.
3. For a tenancy in which the landlord bills the tenant for one or more utilities, notice of the start and end of the thirty-day billing cycle for the utilities.
Sec. 6. Section 33-1476, Arizona Revised Statutes, is amended to read:
33-1476. Termination or nonrenewal of rental agreement by landlord; noncompliance with rental agreement by tenant; failure to pay rent
A. The landlord shall specify the reason or reasons for the termination or nonrenewal of any tenancy in the mobile home park. 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.
B. The landlord may not terminate or refuse to renew a tenancy without good cause. for the purposes of this subsection, "good cause" means:
1. Noncompliance with any provision of the rental agreement.
2. Nonpayment of rent.
3. Change in use of land.
4. Clear and convincing evidence that a tenant has repeatedly violated any provision of this chapter and established a pattern of noncompliance with such provisions.
C. The landlord's right to terminate or to refuse to renew a tenancy pursuant to subsection B of this section does not arise until the landlord has complied with subsection D, E or H 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 indicating that the rental agreement will terminate upon on a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days. If the tenant remedies the situation within the time specified in the notice, the landlord shall issue a notice to the tenant releasing the tenant from the termination of rental agreement notice. If within fourteen days of after receipt of the notice of the breach the tenant presents to the landlord a signed contract with a contractor who is licensed pursuant to title 32, chapter 10 to correct the breach showing that the breach will be repaired within sixty days of after the notice, the landlord shall extend the time for repairs from fourteen days to sixty days.
2. If there is a noncompliance by the tenant with section 33-1451 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and indicating that the rental agreement will terminate upon on a date not less than twenty days after receipt of the notice if the breach is not remedied in ten days. However, 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 will not terminate. If the tenant remedies the situation within the time specified in the notice, the landlord shall issue a notice to the tenant releasing the tenant from the termination of rental agreement notice.
3. If there is a noncompliance that is both material and irreparable and that occurs on the premises, including an illegal discharge of a weapon, homicide as prescribed in sections 13-1102 through 13-1105, criminal street gang activity as prescribed in section 13-105, activity as prohibited in section 13-2308, prostitution as defined in section 13-3211, the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance as defined in section 13-3451, threatening or intimidating as prohibited in section 13-1202, infliction of serious bodily harm, assault as prohibited in section 13-1203, criminal activity involving serious property damage or acts that have been found to constitute a nuisance pursuant to section 12-991, the landlord may deliver a written notice for immediate termination of the rental agreement and proceed 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 twelve-month period or after receipt by the landlord of two written complaints from other tenants about the repetitive conduct within a twelve month 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 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 landlord shall provide the tenant with a preliminary four-day notice of nonpayment that includes a list of rental resources. If the tenant does not pay the rent in full by the fourth day after the tenant RECEIVES the preliminary notice, the landlord shall deliver a ten-day notice to the tenant that states if the tenant fails to pay rent within seven ten days after written notice by the landlord of nonpayment, and it is the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, and 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's fees incurred by the landlord and court costs, if any. and a reasonable late fee set forth in a written rental agreement and as PRESCRIBED by section 33-1414. The tenant may not be required to pay attorney fees and costs as a condition of reinstatement.
F. Except as provided in this chapter, the landlord may recover actual damages, obtain injunctive relief or recover possession of the premises pursuant to an action in forcible detainer for repeated noncompliance by the tenant with the rental agreement or section 33-1451.
G. The remedy provided in subsection F of this section is in addition to any right of the landlord arising under subsection D of this section.
H. If a change in use is intended for the land on which a mobile home park or a portion of a mobile home park is located and the landlord intends eviction of a mobile home tenant due to a change in use, the landlord shall notify all tenants in the park in writing that:
1. The change in use may subsequently result in the termination of a rental agreement.
2. The tenant being terminated due to the change in use will receive a one hundred eighty day eighty-day notice before the actual termination of the rental agreement.
Sec. 7. Title 33, chapter 11, article 4, Arizona Revised Statutes, is amended by adding sections 33-1476.06 and 33-1479, to read:
33-1476.06. Acceptance of partial payments; waiver of right to terminate; exception
A. A landlord that accepts a partial payment of rent or other charges retains the right to proceed AGAINST a tenant, except that if the tenant tenders at least fifty percent of the rental amount before or during the four-day notice period prescribed in section 33-1476, the termination of the rental agreement is stayed for one week. If the TENANT pays the remainder of the rental amount during the one-week period, the rental agreement is reinstated and any late fees or other CHARGES are canceled. If the tenant fails to pay the remainder of the rental amount during the one-week period, the landlord may terminate the rental agreement. The LANDLORD may proceed as provided in this ARTICLE and in title 12, chapter 8 against a tenant in breach of this agreement to pay the remainder of the rental amount or any other breach of the original rental agreement.
b. For the purposes of this section, a landlord's ACCEPTANCE of a housing ASSISTANCE payment does not CONSTITUTE an acceptance of a partial payment of rent or a waiver of the landlord's right to terminate the RENTAL agreement for any breach by the tenant.
c. Except as specified in subsections a and b of this section, acceptance of rent, or any portion of rent, with knowledge of a DEFAULT by the tenant or ACCEPTANCE of performance by the tenant that varied from the terms of the rental agreement or rules or regulations subsequently adopted by the landlord CONSTITUTES a waiver of the right to terminate the rental agreement for that breach.
33-1479. Tenancy termination action; dismissal; sealed records
A. In any action for tenancy termination pursuant to section 33-1476 or pursuant to a forcible entry and detainer action, the court shall issue an order sealing all records related to the case on the OCCURRENCE of any of the following:
1. The court entering an order that dismisses the action before entry of a judgment or that enters judgment in favor of the tenant.
2. The landlord filing a satisfaction of judgment. A landlord shall file a SATISFACTION of judgment on RECEIVING complete payment from the tenant, whether for the full amount of the judgment or an amount agreed to by the parties as SATISFACTION of the judgment.
b. The court shall also order the sealing of a tenancy termination case on the filing of a written stipulation by the landlord and the tenant to set ASIDE the order of tenancy termination and seal the case court file.
c. if the records in a tenancy termination case court file are sealed, the tenant's case records shall be made available only to the following:
1. The person whose records are sealed and any party or any attorney who has made an APPEARANCE in the case where records are sealed.
2. The court, except that the TENANT'S seal tenancy termination case may not be sold or released as a part of a bulk or individual records transfer to a third party.
3. The clerk of the court or any department that is RESPONSIBLE for maintaining records, except that the tenant's seal tenancy termination case may not be sold or released as a part of a bulk or individual records transfer to a third party.
d. This section applies to all records relating to an action for tenancy termination, a forcible entry and detainer action or a SPECIAL DETAINER action that are maintained by the court, including the complaint and any other pleadings, proof of service, any findings and orders of the court and all other papers, records, proceedings and evidence, INCLUDING exhibits and TRANSCRIPT of the testimony.
Sec. 8. Section 33-1485, Arizona Revised Statutes, is amended to read:
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 ten days but not more than six twenty days from after the date of that the tenant is served with 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, if a copy of the summons is conspicuously posted on the main entrance of the tenant's residence and a photograph of the posting that identifies the location and contains an embedded time and date stamp is submitted ELECTRONICALLY to the court's records, and on the same day the summons is sent if 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 eleven days before the return day and the return day shall be made on the day assigned for trial to allow the tenant at least ten days to file an answer to the complaint. 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. the trial shall be postponed if the trial date is to be held before the EXPIRATION of the ten-day period for the tenant to file and answer to the complaint.
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.
Sec. 9. Title 33, chapter 11, article 4, Arizona Revised Statutes, is amended by adding section 33-1486, to read:
33-1486. Enforcement; consumer fraud; civil rights; attorney general
A. A violation of this chapter is an unlawful practice prescribed by section 44-1522 and the attorney general may investigate the violation PURSUANT to title 44, chapter 10, article 7.
B. The attorney general may investigate a violation of this chapter for POSSIBLE action under title 41, chapter 9.
