Ariz. Rev. Stat. § 33-1472
Failure to deliver possession
Operative Text
A. If the landlord fails to deliver physical possession of the mobile home space to the tenant as provided in section 33-1433, rent abates until possession is delivered and the tenant may do either of the following: 1. Upon at least five days' written notice to the landlord terminate the rental agreement and upon termination the landlord shall return all deposits. 2. Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the mobile home space against the landlord or any person wrongfully in possession and recover the damages sustained by him. B. If the landlord fails to deliver constructive possession to the tenant because of noncompliance with section 33-1434, rent shall not abate. The tenant may proceed with the remedies provided for in section 33-1471. C. If a person's failure to deliver possession is wilful and not in good faith, an aggrieved person may recover from that person the actual damages sustained by him, plus any attorney's fees and court costs.
Under A.R.S. § 33-1472, when a landlord fails to deliver physical possession of a mobile home space at the agreed time, rent stops accruing until possession is actually provided, and the tenant gains specific options to either exit the agreement or compel performance. If the failure involves constructive possession due to habitability or maintenance noncompliance, rent does not abate, but other remedies remain available. When the failure to deliver possession is willful and in bad faith, the law allows the aggrieved party to recover actual damages along with attorney's fees and court costs.
Plain English — not legal advice.
Operators subject to A.R.S. § 33-1472 generally ensure that mobile home spaces are ready for physical occupancy on the date specified in the rental agreement, since failure to do so triggers automatic rent abatement and exposes the landlord to a tenant's termination of the agreement or a court action for possession. Compliant operators also address any habitability or maintenance conditions that could constitute a failure of constructive possession under the related provisions referenced in § 33-1472(B). Willful failures to deliver possession carry heightened financial exposure, including the tenant's actual damages, attorney's fees, and court costs, making timely and good-faith delivery a standard operational priority.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under A.R.S. § 33-1472, if a landlord does not deliver physical possession of a mobile home space as agreed, a tenant has the right to stop paying rent during that period and may choose to terminate the rental agreement with at least five days' written notice — with all deposits returned — or pursue a court action to obtain possession and recover damages. If the issue is instead a failure of constructive possession tied to habitability noncompliance, rent abatement does not apply, but the remedies outlined in the related provision (§ 33-1471) remain available. Tenants who believe a landlord's failure was willful and in bad faith may have a claim for actual damages plus attorney's fees and court costs; tenant-rights organizations in Arizona can help explain what documentation and steps are generally associated with these types of claims.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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