Bill Text: AZ SB1362 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: Mobile home, RV parks; prohibition
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2016-05-17 - Chapter 315 [SB1362 Detail]
Download: Arizona-2016-SB1362-Introduced.html
|
REFERENCE TITLE: mobile home, RV parks; prohibition |
|
State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
|
|
SB 1362 |
|
|
|
Introduced by Senators Griffin, Hobbs; Representatives Thorpe: Cobb, Coleman, Petersen
|
AN ACT
amending sections 33-1414 and 33-2106, Arizona Revised Statutes; relating to mobile home and recreational vehicle tenancies.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1414, Arizona Revised Statutes, is amended to read:
33-1414. Prohibited provisions in rental agreements, rules; late payment penalty
A. A rental agreement and any park rules or regulations, however denominated, shall not provide that the tenant agrees to:
1. Waive or to forego forgo rights or remedies under this chapter.
2. Pay the landlord's attorney fees, except an agreement in writing may provide that attorney fees may be awarded to the prevailing party in the event of court action.
3. The exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith.
4. Permit the landlord to charge a penalty fee for late payment of rent unless a tenant is allowed a minimum of five days beyond the date the rent is due in which to remit payment.
5. Permit the landlord to charge a fee for a guest who does not stay for more than a total of fourteen days in any calendar month.
6. Waive or limit the tenant's right to summon or any other person's right to summon a peace officer or other emergency assistance in response to an emergency.
7. Payment of monetary penalties or otherwise penalizes the tenant for the tenant summoning or for any other person summoning a peace officer or other emergency assistance in response to an emergency.
8. Place any person's name on the title to the mobile home as a condition of tenancy or pay a fee or other form of penalty for failing to place a person's name on the title to the mobile home.
B. A provision that is prohibited by subsection A of this section and that is included in a rental agreement or the rules or regulations of the mobile home park is unenforceable. If a landlord deliberately uses a rental agreement or rules or regulations containing provisions known to be prohibited, the tenant may recover actual damages sustained and the rental agreement or rules or regulations is are voidable by the tenant.
C. A landlord may charge a penalty fee of not to exceed five dollars per day from the due date of the rent for late payment of rent if the payment is not remitted by the sixth day from the due date.
D. This section does not limit the landlord's right to evict a tenant pursuant to section 33-1476.
Sec. 2. Section 33-2106, Arizona Revised Statutes, is amended to read:
33-2106. Prohibited provisions in rental agreements, rules
A. A rental agreement and any park rules, however described, shall not provide that the tenant agrees to:
1. Waive or forgo rights or remedies provided by law.
2. Place any person's name on the title to the recreational vehicle as a condition of tenancy or pay a fee or other form of penalty for failing to place a person's name on the title to the recreational vehicle.
B. A provision that is prohibited by subsection A of this section and that is included in a rental agreement or the rules of the recreational vehicle park is unenforceable. If a landlord deliberately uses a rental agreement or rules containing provisions known to be prohibited, the tenant may recover actual damages sustained and the rental agreement or rules are voidable by the tenant.
