Bill Text: AZ SB1058 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: Landlord-tenant relationship; unlawful occupants
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-12 - Referred to Senate CWD Committee [SB1058 Detail]
Download: Arizona-2016-SB1058-Introduced.html
PREFILED JAN 07 2016
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REFERENCE TITLE: landlord-tenant relationship; unlawful occupants |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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SB 1058 |
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Introduced by Senator Kavanagh
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AN ACT
amending sections 33-1304 and 33-1307, Arizona Revised Statutes; amending title 33, chapter 10, article 4, Arizona Revised Statutes, by adding section 33-1368.01; amending section 33-1377, Arizona Revised Statutes; relating to the Arizona residential landlord and tenant act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1304, Arizona Revised Statutes, is amended to read:
33-1304. Applicability of chapter
This chapter shall apply to the rental of dwelling units and, for the purposes of section 33-1368.01, the removal of unlawful occupants. Any conflict between the provisions of chapter 3 and chapter 7 of this title with the provisions of this chapter shall be governed by the provisions of this chapter.
Sec. 2. Section 33-1307, Arizona Revised Statutes, is amended to read:
33-1307. Territorial application
This chapter applies to, regulates, and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this state and applies to the removal of unlawful occupants under section 33-1368.01.
Sec. 3. Title 33, chapter 10, article 4, Arizona Revised Statutes, is amended by adding section 33-1368.01, to read:
33-1368.01. Removal of unlawful occupant; special detainer action; definition
A. For any person who is an unlawful occupant of a residence, a landlord may deliver in hand or conspicuously post on the premises written notice to the occupant that the occupant's presence in the residence is unlawful and that the landlord is seeking the unlawful occupant's immediate removal by court order.
B. On delivery of written notice to the unlawful occupant pursuant to subsection A of this section, the landlord may institute a special detainer action pursuant to section 33-1377 that seeks the immediate removal of the unlawful occupant, the payment of costs and the payment of any quantifiable damage to the premises caused by the unlawful occupant.
C. For the purposes of this section, "unlawful occupant" means a person who is all of the following:
1. Occupying a residence without the permission of the landlord.
2. Not a guest of a tenant of that residence.
3. Not in a landlord‑tenant relationship with the landlord and who has never had a landlord‑tenant relationship at that residence with the landlord.
Sec. 4. Section 33-1377, Arizona Revised Statutes, is amended to read:
33-1377. Special detainer actions; service; trial postponement
A. Special detainer actions shall be instituted for remedies prescribed in section sections 33‑1368 and 33-1368.01. Except as provided in this section, the procedure and appeal rights prescribed in title 12, chapter 8, article 4 apply to special detainer actions.
B. The summons shall be issued on the day the complaint is filed and shall command the person against whom the complaint is made to appear and answer the complaint at the time and place named, which shall be not more than six nor less than three days from the date of the summons. The tenant or unlawful occupant is deemed to have received the summons three days after the summons is mailed if personal service is attempted and within one day of issuance of the summons a copy of the summons is conspicuously posted on the main entrance of the tenant's or unlawful occupant's residence and on the same day the summons is sent by certified mail, return receipt requested, to the tenant's or unlawful occupant's last known address. The summons in a special detainer action shall be served at least two days before the return day and the return day made on the day assigned for trial. Service of process in this manner shall be deemed the equivalent of having served the tenant or unlawful occupant in person for the purposes of awarding a money judgment for all rent, damages, costs and attorney fees due.
C. For good cause shown supported by an affidavit, the trial may be postponed for not more than three days in a justice court or five days in the superior court.
D. In addition to determining the right to actual possession, the court may assess damages, attorney fees and costs as prescribed by law.
E. If a complaint is filed alleging a material and irreparable breach pursuant to section 33‑1368, subsection A, the summons shall be issued as provided in subsection B of this section, except that the trial date and return date shall be set no later than the third day following the filing of the complaint. If after the hearing the court finds by a preponderance of the evidence that the material and irreparable breach did occur, the court shall order restitution in favor of the plaintiff not less than twelve nor more than twenty‑four hours later.
F. If the defendant is found guilty, the court shall give judgment for the plaintiff for restitution of the premises, for late charges stated in the rental agreement, for costs and, at the plaintiff's option, for all rent found to be due and unpaid through the periodic rental period provided for in the rental agreement as described in section 33‑1314, subsection C and shall grant a writ of restitution. For defendants who are found guilty and who are unlawful occupants under section 33-1368.01, the court shall give judgment for the plaintiff for restitution of the premises, for money damages for damage to the premises and for costs.
G. If the defendant is found not guilty, judgment shall be given for the defendant against the plaintiff for costs, and if it appears that the plaintiff has acquired possession of the premises since commencement of the action, a writ of restitution shall issue in favor of the defendant.
