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REFERENCE TITLE: mobile homes; removal; contents |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1393 |
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Introduced by Senator Kavanagh
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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:
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.
Sec. 2. Section 33-1481, Arizona Revised Statutes, is amended to read:
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.
Sec. 3. Section 33-1485.01, Arizona Revised Statutes, is amended to read:
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.