Arizona Laws 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:
Terms Used In Arizona Laws 33-1472
- Action: includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. See Arizona Laws 33-1409
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Good faith: means honesty in fact in the conduct or transaction concerned. See Arizona Laws 33-1409
- Landlord: means the owner, lessor, sublessor or operator, or any combination thereof, of a mobile home park and it also means a manager of the premises who fails to disclose as required by section 33-1432. See Arizona Laws 33-1409
- Mobile home space: means a parcel of land for rent that has been designed to accommodate a mobile home and provide the required sewer and utility connections. See Arizona Laws 33-1409
- Person: includes a company, partnership or firm as well as a natural person. See Arizona Laws 33-1409
- Rent: means payments to be made to the landlord or designated agent in full consideration for the rented premises. See Arizona Laws 33-1409
- Rental agreement: means leases or agreements and valid rules adopted under section 33-1452 embodying the terms and conditions concerning the use and occupancy of a mobile home space and premises, and includes month-to-month tenancies that arise out of the expiration of a written rental agreement pursuant to section 33-1413. See Arizona Laws 33-1409
- Tenant: means a person signing a rental agreement or otherwise agreeing with a landlord for the occupancy of a mobile home space. See Arizona Laws 33-1409
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.