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Current as of March 08, 2022 | Updated by FindLaw Staff
A. If the landlord fails to deliver physical possession of the mobile home space to the tenant as provided in § 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 § 33-1434, rent shall not abate. The tenant may proceed with the remedies provided for in § 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.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 33. Property § 33-1472. Failure to deliver possession - last updated March 08, 2022 | https://codes.findlaw.com/az/title-33-property/az-rev-st-sect-33-1472/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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