Terms of Service
1. Term – The term of this Agreement shall begin on the Commencement Date and shall end on the last day of the same month as the Commencement Date. Upon expiration of this Agreement, tenancy shall be on a month-to-month basis on the same terms and conditions as set forth herein.
2. Termination – Either party may terminate this Agreement for any reason by giving the other party ten (10) days’ notice pursuant to A.R.S. § 33-341(B). Landlord may terminate this Agreement without notice in the event of Tenant’s failure to pay rent or for criminal conduct of any member of Tenant’s household or conduct in violation of the Crime Free Addendum, or for violation of Landlord’s Rules and Regulations.
3. Rent – Rents under this Agreement, which shall be paid without deductions or offsets.
Late Charges: In addition to all other rights and remedies of Landlord and without prejudice to Landlord’s right to terminate this Agreement for non-payment of rent, Tenant shall pay to Landlord a late charge in the amount of twenty-five dollars ($25.00) for any rent not received within six (6) days after it is due, and five dollars ($5.00) per day if it remains unpaid thereafter. Separate late charges will accrue on each month’s rent that is late or unpaid. Late charges constitute additional rent.
Rent is due by 5:00 PM on the first (1st) day of each month at the Resort office without notice or demand. Tenant shall pay, in addition to the base rent, all transaction privilege, sales, or other taxes applicable to rent, as additional rent each month.
4. Use – Only residential use is permitted.
5. Description of RV – Tenant warrants the following accurately describes the RV to the sales office
6. Rules – Tenant agrees to abide to the extent applicable with the Resort’s Rules and Regulations and Statements of Policy.
7. Age 55+ Resort – In accordance with the federal Housing for Older Persons Act of 1995 (“HOPA”), the Resort is intended to be and is operated as “housing for older persons.” Consequently, at least 80 percent (80%) of the occupied home sites within the Resort must be occupied by at least one person who is fifty-five (55) years of age or older as of the date the exemption is claimed. Additionally, all residents of the Resort must be at least forty (40) years of age. All prospective residents of the Resort will be screened for compliance with these provisions, and no application for residency will be accepted without satisfactory proof of age, such as a valid driver’s license, birth certificate, or passport. The Resort reserves the exclusive, unrestricted right to grant an exception to this requirement when, in the exclusive opinion of the Landlord, special circumstances warrant the granting of an exception so long as such exception does not interfere with the Resort’s status as Housing for Older Persons. Any such exception must be made in writing and signed by both parties. At the time of application for initial occupancy, or on demand of management, all potential tenants and/or occupants and all existing Tenants/occupants shall be required to produce for inspection and copying one of the following age verification documents: driver’s license; birth certificate; passport; immigration card; military identification; other valid local, state, national, or international documents containing a birth date of comparable reliability. On January 1 of each even numbered year, all Tenants shall be required to provide the names and ages of all current occupants of the Home, in writing, to management. Failure to provide such requested documentation or information shall constitute a violation of this Rental Agreement and Tenant may be subject to eviction pursuant to applicable law.
8. Conduct – Tenant shall be fully responsible for the conduct of all members of Tenant’s household and for all guests of Tenant while in the Resort. Tenant, Tenant’s occupants, guests, invitees, and visitors must behave in a reasonable and respectful manner at all times in the Resort, including but not limited to towards other tenants, and Resort employees, vendors, management, and staff. Offensive or inappropriate conduct towards anyone, and/or harassment of anyone, including but not limited to Resort management and staff, will not be tolerated and is grounds for termination of tenancy. Tenant, Tenant’s occupants, guests, visitors, or invitees shall not interfere in the management or operation of the Resort.
9. Tenant must maintain utility service at all times without interruption.
10. JURY TRIAL WAIVER – The parties hereby waive their respective rights to trial by jury in any action arising out of or related in any way to this Agreement, including but not limited to eviction actions.
11. Attorneys’ Fees – In the event of a dispute hereunder, the prevailing party shall be entitled to his/her reasonable attorneys’ fees and costs.
12. Applicable Law – This Rental Agreement is covered by Chapter 3, Title 33 ARS (A.R.S. §§ 33-301 through 33-381). It is NOT covered by the Arizona Mobile Home Parks Residential Landlord and Tenant Act since Tenant is renting the premises for use by a Recreational Vehicle, and not by a Mobile or Manufactured Home. It is not covered by the Arizona Recreational Vehicle Long-Term Space Rental Act since this tenancy is for 180 days or less.
13. Transfer – This Agreement and possession of the Premises may not be assigned, sublet, or otherwise transferred by Tenant without the prior written agreement of Landlord.
14. Acceptance of Premises – Tenant affirms that Tenant has inspected the premises and the Resort, and Tenant acknowledges that the premises and the Resort are in a good state of repair, sanitary, in fit and habitable condition and accepts the premises and the Resort “as is.”
15. Entire Agreement – This Agreement supersedes any prior agreements, written or oral, with respect to the subject matter of this Agreement. THE ON-SITE RESORT MANAGERS ARE NOT AUTHORIZED TO MAKE ANY REPRESENTATIONS NOT CONTAINED IN THIS AGREEMENT OR TO STRIKE OR AMEND THE PROVISIONS OF THIS AGREEMENT OR THE RULES AND REGULATIONS IN ANY WAY. ANY MODIFICATION TO THIS AGREEMENT MUST BE IN WRITING, SIGNED BY AN AUTHORIZED REPRESENTATIVE OF RESORT OWNERSHIP.