Mobile Home Rental Space

H

hopej50

New Member
Jurisdiction
Arizona
My brother and sister-in-law have their "owned" mobile home in a resort/park, where they rent the space it sits on. They purchased another home in the park, and her sister is buying the home they are moving out of. The sister purchasing their house has been told she must pay to have a concrete driveway installed. Anyone new coming into the park to rent a space is going to be required to do the same, she has been told. My question is: Is this legal? To make renting tenants pay for permanent improvements to the resort/park? When they will not own the improvement, or be able to take it with them? It just seems very unfair to make a tenant with no financial interest in the property owned by someone else to pay out such a substantial amount which will stay after they move out. I appreciate any input or information you can provide. Thank you.
 
The prospective purchaser isn't being forced to do anything.

If she's unsatisfied with the purchase requirements, she can just walk away from the deal.

See, she's as free as any other resident of AZ and citizen of the USA.
 
hopej50 said:
Is this legal?
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I can't imagine why it wouldn't be, but I doubt that anyone with any expertise in Arizona's mobile home laws will happen upon your post. The laws are found in Chapter 11 of Title 33 of the Arizona Revised Statutes.

hopej50 said:
It just seems very unfair
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You're entitled to that opinion. If your sister-in-law's sister shares the opinion, she is free not to buy the home in this particular park and look for one in a park that doesn't impose such a rule.
 
zddoodah said:
I can't imagine why it wouldn't be, but I doubt that anyone with any expertise in Arizona's mobile home laws will happen upon your post. The laws are found in Chapter 11 of Title 33 of the Arizona Revised Statutes.



You're entitled to that opinion. If your sister-in-law's sister shares the opinion, she is free not to buy the home in this particular park and look for one in a park that doesn't impose such a rule.
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Okay. Thank you so much for your time.
 
hopej50 said:
Anyone new coming into the park to rent a space is going to be required to do the same, she has been told. My question is: Is this legal? To make renting tenants pay for permanent improvements to the resort/park?
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Section 33-1413. Terms and Conditions of Rental Agreement.
J. As a condition of tenancy the rental agreement may require the prospective tenant to make improvements to the mobile home, including all appurtenances owned by the tenant, and to preserve or upgrade the quality of the mobile home park even if the prospective tenant is purchasing a home already located in the mobile home park. The improvements shall not exceed the requirements of the rules or regulations of the mobile home park.

View Document

Might not be fair but it certainly seems legal.

Does the newly purchased mobile home already have a concrete driveway? If yes, a possible solution is for your brother and his wife to stay put and the sister move into the newly purchased mobile home.

Or, somebody needs to be talking to a lawyer.
 
adjusterjack said:
Section 33-1413. Terms and Conditions of Rental Agreement.
J. As a condition of tenancy the rental agreement may require the prospective tenant to make improvements to the mobile home, including all appurtenances owned by the tenant, and to preserve or upgrade the quality of the mobile home park even if the prospective tenant is purchasing a home already located in the mobile home park. The improvements shall not exceed the requirements of the rules or regulations of the mobile home park.

View Document

Might not be fair but it certainly seems legal.

Does the newly purchased mobile home already have a concrete driveway? If yes, a possible solution is for your brother and his wife to stay put and the sister move into the newly purchased mobile home.

Or, somebody needs to be talking to a lawyer.
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Thank you. Brother and sister-in-law are already in the newer home because it is big enough to accomodate all the visitors they get during the winters from MN. The newly purchased home does have the concrete drive which the prior owners installed because they preferred the concrete to the gravel.. In the previous home, they were required to repaint the outside, which they did immediatly, and were required to follow certain guidelines and restrictions when they built an addition, which they also had no problems with. So, the R&R's do designate that there would be mandatory improvements to the homes, but nothing is stated in them about improvements to any of the property outside their homes. I will be getting the paperwork from the sister as soon as they give them to her. She has been asking for them for 2 weeks now. I will then compare her paperwork to the older paperwork (R&R's) my brother was given when he moved in. .Thank you so much, "Adjuster Jack". You have helped me several times in the past. So happy you responded.
 
Zigner said:
I don't even agree that it's unfair.
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Ha! Ha! Sounds like perhaps you are a rental property owner. It seems to me that if I were to rent an apartment, I would be told that I have to put a new roof on the home first. If it's something the tenant cannot benefit from, and be able to take with them when they leave...that the owner gets the tenant to pay for improvements to HIS property. It may not be illegal...but it is unfair.
 
hopej50 said:
Thank you so much, "Adjuster Jack". You have helped me several times in the past. So happy you responded.
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You're welcome. You might want to check Yelp and see what kind of reviews this park has gotten. If other tenants have been victimized there may be strength in numbers.
 
hopej50 said:
Ha! Ha! Sounds like perhaps you are a rental property owner. It seems to me that if I were to rent an apartment, I would be told that I have to put a new roof on the home first. If it's something the tenant cannot benefit from, and be able to take with them when they leave...that the owner gets the tenant to pay for improvements to HIS property. It may not be illegal...but it is unfair.
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If you don't like the terms, don't take the deal.
 
Zigner said:
If you don't like the terms, don't take the deal.
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Might be too late for that.

Brother and his wife have already bought and moved into a mobile home that has a concrete driveway.

Wife's sister

hopej50 said:
is buying
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the mobile home that does not have a concrete driveway and she will be a new tenant in the park and will be subject to the requirement for installing a concrete driveway.

I don't know how far into the "is buying" process she is but she may be in too far to not take the deal.
 
You're right that my comment may not apply in the specific matter asked about in this thread, but my comment "If you don't like the terms, don't take the deal" was in response to this:

hopej50 said:
Ha! Ha! Sounds like perhaps you are a rental property owner. It seems to me that if I were to rent an apartment, I would be told that I have to put a new roof on the home first. If it's something the tenant cannot benefit from, and be able to take with them when they leave...that the owner gets the tenant to pay for improvements to HIS property. It may not be illegal...but it is unfair.
Click to expand...
 

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