Legal Time Frames and Methods for Issuing Notices for Mobile/Manufactured Home Communities
The old adage that “timing is everything” cannot be
overemphasized when it comes to landlords raising rents, changing policies or
If an act by a landlord violates the timing requirements
imposed by the Arizona Mobile Home Parks Residential Landlord and Tenant Act
Department of Housing summary), the landlord’s act can be unlawful and
ineffective. Similarly, if a notice is not given in a proper manner, it can be
deemed unlawful and ineffective.
Landlords are sometimes confused over how much advance
notice must be given in order to implement a rent increase or to amend
statements of policy or rules and regulations. There is also occasional
confusion over the correct manner by which a notice must be given to tenants.
Over the years, I have seen instances where a landlord did not timely or
properly issue a rent increase notice, which then precluded the landlord from
increasing the rent for an entire year and resulted in a significant loss of
revenue. Understanding the time frames and methods of issuing notices can
prevent such problems and embarrassment for a landlord.
Regular Rent Increase
A landlord must give written notice of a rent increase at
least 90 days prior to the expiration or renewal of any rental term. The notice
must be given by personal delivery, first-class mail, or certified mail.
Immediate Rent Increase
If provided in a written rental agreement, a landlord may
implement an immediate rent increase at any time for increases in insurance,
taxes, and utility rates if substantiated in writing to the tenant. The law does
not state the specific manner of issuing the notice, but, presumably, personal
delivery, first-class mail or certified mail should be acceptable, just as for a
regular rent increase.
Amending Rules and Regulations
While notice of an amendment to rules and regulations can
typically be given at any time, at least 30 days’ notice must be given prior to
the amendment becoming effective. Notice may be given by either first-class or
certified mail. For some odd reason, the law does not specifically indicate that
personal delivery is an acceptable method of delivery. However, an argument
could be made that
A.R.S. § 33-1412 allows for hand delivery. To avoid any
issue, play it safe and use the mail. If you want to go the extra step, you can
additionally issue the notice by hand delivery.
Changes to Statements of Policy
A landlord must give notice of any changes at least 60 days
prior to the expiration of the existing term. Notice must be given by personal
delivery or by registered or certified mail. First-class mail is not
specifically recognized as an acceptable method of delivery.
A violation notice under
A.R.S. § 33-1476 can be issued by
either hand delivery or certified mail.
Mailing Add Five Days
If a notice is issued by certified mail, a tenant is deemed
to have received the notice upon the earlier of actual receipt or five days
after mailing. I would play it safe and add five days to the time frame for any
type of notice issued by mail.
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