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SB1393 - 572R - I Ver
REFERENCE TITLE:
mobile homes; removal; contents
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1393
Introduced by
Senator
Kavanagh
AN
ACT
amending sections 33-1478, 33-1481
and 33-1485.01, Arizona Revised Statutes; relating to the Arizona mobile
home parks residential landlord and tenant act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1478, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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
on
the landlord to locate the legal owner or lienholder of the mobile home unit
within ten days and communicate to
him
the
legal owner or lienholder
his
the
legal owner's or lienholder's
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
is
entitled to a maximum of sixty days' rent
due
prior to
before
notice to
the
lienholder. Any and all costs shall then become
the responsibility of the legal owner or lienholder of the mobile home.
B.
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.
� Before signing a
clearance for removal pursuant to this section, the landlord, owner or manager
shall examine the mobile home and its contents to ensure that the mobile home
is not occupied by a person or does not contain human remains or an animal.
B.
C.
A
required standardized registration form shall be filled out by each mobile home
space renter,
upon
on
mobile home
space rental, showing
the
mobile home make, year, serial
number and license number if any
be
is
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
after
any changes in a new lien, changes of existing lien or settlement of lien.
END_STATUTE
Sec. 2. Section 33-1481, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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
must first examine the mobile home and its contents to ensure that the
mobile home is not occupied by a person or does not contain human remains or an
animal and
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
and
until the landlord examines the mobile home and its contents to ensure that the
mobile home is not occupied by a person or does not contain human remains or an
animal
. 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.
END_STATUTE
Sec. 3. Section 33-1485.01, Arizona Revised
Statutes, is amended to read:
START_STATUTE
33-1485.01.
Removal of mobile home from mobile home park; violation; joint
and several liability
A. A tenant or a tenant's successor in interest
shall provide the landlord with a written notification of intent to remove a
mobile home from a mobile home space.� The notification shall include the date
the mobile home will be removed from the mobile home park, the name, address
and telephone number of the person or entity that will be removing the mobile
home from the mobile home park and the name, address and telephone number of
the person or entity that will be the responsible party for restoring the mobile
home space in accordance with the rental agreement and the mobile home park
rules and regulations. If the responsible party is not licensed by
the Arizona department of housing or the registrar of contractors, the landlord
may require a security deposit or surety bond of not more than
two
thousand five hundred dollars
$2,500
minus the
amount of any security deposit that was collected at the beginning of the
tenant's tenancy.� The security deposit or surety bond shall be paid or
provided before work begins on restoring the mobile home space and shall secure
the cost of restoration if the responsible party fails to completely restore
the mobile home space. The landlord shall provide an accounting of
any security deposit as prescribed in section 33-1431, subsection C.
B. A mobile home shall not be removed from a mobile
home park by any tenant, any mobile home owner or any other person or entity
unless the person or entity that is removing the mobile home has received from
the landlord a written clearance for removal.�
Before signing a
clearance for removal pursuant to this section, the landlord, owner or manager
shall examine the mobile home and its contents to ensure that the mobile home
is not occupied by a person or does not contain human remains or an animal
. 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. The written clearance shall
contain both of the following:
1. A statement that all monies due for space rent as
of the date of removal have been paid or that the landlord and that person or
entity have otherwise agreed to the removal.
2. The requirements for a mobile home space
restoration as prescribed by the rental agreement and by the mobile home park
rules and regulations and that shall be performed by the responsible party
listed in the removal notification that is required by subsection A of this
section.
C. A person or entity who violates subsection B of
this section shall be liable for two times the amount of any rents due.
D. The responsible party identified in the removal
notification that is removing a mobile home from a mobile home space shall also
remove all accessory structures unless the landlord has agreed in writing to
allow those structures to remain. The responsible party identified
in the removal notification that is removing the mobile home shall also remove
all construction debris, trash and personal property on the rental space from
the mobile home park and shall be responsible for restoring the space in accordance
with the rental agreement and the mobile home park rules and
regulations. The rules and regulations may contain conditions
regarding the removal of a mobile home from the mobile home park and the
restoration of a mobile home space by a tenant or a tenant's successor in
interest after removal of the mobile home.� The conditions shall not include
any provisions regarding environmental liability or environmental remediation,
and any environmental liability or environmental remediation requirements shall
be governed as otherwise provided by law.� If a rental space does not satisfy
the requirements of this section following removal of a mobile home, the
landlord may provide the last tenant, the tenant's successor in interest or the
mobile home owner and the responsible party identified in the removal
notification with written notice that specifies what must be done to bring the
space into compliance and that requests that the parties remedy the condition
within ten days.� If the work is not completed within ten days, the landlord
may cause the work to be done and shall prepare an itemized bill for the actual
and reasonable cost or the fair and reasonable value of the work and submit it
to the last tenant, the tenant's successor in interest or the mobile home owner
and the responsible party identified in the removal notification.� All of those
persons shall be jointly and severally liable for the expenses.
END_STATUTE