One Hundred Eighteen Members of Blue Sky Mobile Home Owners Ass'n v. Murdock

682 P.2d 422, 140 Ariz. 417, 1984 Ariz. App. LEXIS 529
CourtCourt of Appeals of Arizona
DecidedJanuary 12, 1984
Docket1 CA-CIV 6699
StatusPublished
Cited by6 cases

This text of 682 P.2d 422 (One Hundred Eighteen Members of Blue Sky Mobile Home Owners Ass'n v. Murdock) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
One Hundred Eighteen Members of Blue Sky Mobile Home Owners Ass'n v. Murdock, 682 P.2d 422, 140 Ariz. 417, 1984 Ariz. App. LEXIS 529 (Ark. Ct. App. 1984).

Opinions

OPINION

HAIRE, Judge.

The issue on this appeal is whether the Arizona Mobile Home Parks Residential Landlord and Tenant Act, A.R.S. §§ 33-1401 through 33-1491, requires a landlord of a mobile home park to negotiate with the park’s tenants concerning the amount of a proposed increase in rent. The trial judge held that the Act does not require such negotiation, and we affirm his decision.

The appellants (hereinafter “tenants”) are members of Blue Sky Mobile Home Owners Association and are tenants in Blue Sky Mobile Home Park. The appel-lees are the owners (hereinafter “landlord”) of the mobile home park. The tenants commenced this action in March 1982, by filing a complaint seeking injunctive relief and damages on essentially two theories. First, the tenants alleged that the landlord’s notice of a proposed rent increase was retaliatory and intended as a penalty against the tenants because they had organized as a tenants’ organization and had requested that the landlord provide a written rental agreement in compliance with the mobile park tenancy act.1 [418]*418Second, the tenants alleged that the conduct of the landlord in giving notice of a rent increase did not constitute “good faith” negotiations as that term is defined in A.R.S. § 33-1409 and A.R.S. § 33-1413.

After trial on the merits based upon evidence presented at a hearing on the tenants’ request for a preliminary injunction, the trial judge entered judgment for the landlord, finding that the notice of rent increase was not a retaliatory act on the landlord’s part, and further that the Mobile Home Tenancy Act was not a “rent control act” and that the landlord could increase or decrease rent without negotiating the amount thereof with the tenants.

The evidence presented at the hearing showed that the landlord had purchased the mobile home park in December 1980, and that there had been annual increases in rent, effective in February of each year, since 1977.

On August 6, 1981, the tenants presented to the landlord a request that they be furnished with written rental agreements in compliance with the Arizona Mobile Home Park Residential Landlord and Tenant Act. Following this request by the tenants, the landlord arranged for a meeting with the tenants at the park on September 16, 1981. At that meeting a proposed new draft of a written rental agreement was discussed along with proposed written rules and regulations for the park. The landlord also made the tenants aware of a proposed increase in rent. Thereafter, there was an exchange of correspondence indicating good faith discussion between the parties concerning the terms of the proposed new rental agreement and the proposed rules and regulations. On November 24, 1981, the landlord gave written notice to the tenants of the previously discussed rental increase, to become effective February 1, 1982.2

Thereafter, in February of 1982, the tenants and their legal representative met again with the landlord and proposed as a compromise a lesser rent increase. The landlord refused, making clear the owner’s position that the amount of the rental increase was firm and not subject to negotiation. The tenants then commenced this litigation seeking injunctive relief and damages on the theories previously set forth in this opinion.

On appeal the tenants do not contend that the landlord’s evidence did not furnish support for the proposed increase in rent or that the trial judge erred in finding that the increase was not a retaliatory act on the owner’s part. Nor do they contend that the landlord failed to give them notice of the proposed increase at least 60 days prior to the expiration of their then existing rental agreements. Rather, their contention is that whenever a tenant makes an appropriate demand pursuant to A.R.S. § 33-1413(A), the landlord must negotiate in good faith the amount of the rent to be charged.3

A.R.S. § 33-1413(A) and (B) provide as follows:

“A. At the request of either the landlord or the tenant, a signed, written rental agreement must be executed. The term of the rental agreement is twelve months unless the tenant requests a shorter term. The rental agreement shall be negotiated in good faith by both parties and shall not provide for the waiver of any rights given to either party by other provisions of this chapter. If a tenant requests a written rental agreement, the landlord shall not penalize the tenant in any manner for making the request.
[419]*419“B. The landlord and tenant shall include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law including rent, term of the agreement and other provisions governing the rights and obligations of the parties.”

(Emphasis added).

It must be admitted that when the above-quoted subsections are considered alone, there is statutory support for the tenants’ contention that rent is one of the terms of the written rental agreement which must be negotiated in good faith by the parties. However, statutory provisions must be considered in the context of the entire statute and consideration must be given to all of the statute’s provisions so as to arrive at the legislative intent manifested by the entire act. See Karol v. Board of Education Trustees, Florence Unified School Dist. Number One of Pinal County, 122 Ariz. 95, 593 P.2d 649 (1979); Greyhound Parks of Ariz., Inc. v. Waitman, 105 Ariz. 374, 464 P.2d 966 (1970); Street v. Commercial Credit Co., 35 Ariz. 479, 281 P. 46 (1929). Applying this principle, A.R.S. § 33-1413(G)4 provides as follows:

“G. Notwithstanding any provision of this article to the contrary, upon the expiration or renewal of any rental agreement, the landlord may increase or decrease the total rent or change payment arrangements. The landlord shall notify the tenant in writing at least sixty days prior to the expiration or renewal of any rental agreement of any such increase or change.”

In our opinion subsection (G) was intended by the legislature to negate any statutory implication which might otherwise exist concerning the discretion of the landlord to increase or decrease rent, and the trial judge so found. However, the tenants contend that subsection (G) applies only where a rental agreement has expired or is renewed and there has not been a demand for a good faith negotiation of a rental agreement. This argument might be persuasive were it not for the language “notwithstanding any provision of this article to the contrary” found in subsection (G).

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Cite This Page — Counsel Stack

Bluebook (online)
682 P.2d 422, 140 Ariz. 417, 1984 Ariz. App. LEXIS 529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/one-hundred-eighteen-members-of-blue-sky-mobile-home-owners-assn-v-arizctapp-1984.