Question: I rent a lot in a mobile home park. I own my home and the new owner of the park are trying to charge for every person that lives in my home. Is this legal?
Based on the information that you have provided it is likely that your circumstances are covered under the Arizona Mobile Home Parks Landlord Tenant Act. (please review A.R.S. § 33-1407 Exculsion from application of chapter , to be certain)
When you moved into the mobile home park your landlord should have provided you with a copy of your rental agreement ( A.R.S. § 33-1432) as well as a copy of the statement of their policies (A.R.S. § 33-1436).
Review these documents first and see if it addresses this issue and how it applies to you.
Since you have not provided additional information on who is living with you, whether it be minor children or roommates, or how many, you should be aware that a landlord controls your ability to sublease (A.R.S. § 13-1454) and that "The rental agreement may provide that the landlord may charge a guest fee. "according to A.R.S. § 33-1413.02.
A guest is defined under A.R.S. § 33-1409.
"12. "Guest" means a nonresident, over and above the occupancy limit set for the resident's space under the terms of the rental agreement or by park rules, of a mobile home park who stays at the home of a person with constructive possession of the home with the consent of the resident for one or more nights and not more than thirty days in any twelve month period."
If you feel that this has not adequetly answered your question please contact an attorney for further assistance.
July 14, 2008