HB2300 - Mobile home landlord tenant; protections

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, Márquez, 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 us [Text truncated for display. Full text available on LegiScan.]