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HB2300 - 572R - I Ver
REFERENCE TITLE:
mobile home landlord tenant; protections
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2300
Introduced by
Representatives
Aguilar: Austin, Blattman, Cavero, Garcia, M�rquez, Sandoval, Villegas
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:
START_STATUTE
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.
END_STATUTE
Sec. 2. Section 12-1176, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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.
END_STATUTE
Sec. 3. Section 12-1178, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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.
END_STATUTE
Sec. 4. Title
33, chapter 11, article 1, Arizona Revised Statutes, is amended by adding
section 33-1413.04, to read:
START_STATUTE
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.
END_STATUTE
Sec. 5. Section 33-1432, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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.
END_STATUTE
Sec. 6. Section 33-1476, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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.
END_STATUTE
Sec. 7. Title 33, chapter 11, article 4,
Arizona Revised Statutes, is amended by adding sections 33-1476.06 and 33-1479,
to read:
START_STATUTE
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.
END_STATUTE
START_STATUTE
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.
END_STATUTE
Sec. 8. Section 33-1485, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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.
END_STATUTE
Sec. 9. Title 33, chapter 11, article 4,
Arizona Revised Statutes, is amended by adding section 33-1486, to read:
START_STATUTE
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.
END_STATUTE