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AZ Residential Landlord & Tenant Act PDF

ARIZONA REVISED STATUTES
TITLE 33. PROPERTY
CHAPTER 17. RESIDENTIAL RENTAL PROPERTY
ARTICLE 1. GENERAL PROVISIONS
Section
§ 33-1901. Definitions
§ 33-1902. Residential rental property; recording with the
assessor; agent designation; civil penalty; fee
§ 33-1903. Appointment of temporary receiver; term;
duties, accounting
§ 33-1904. Inspections
§ 33-1905. Slum property; appeal
§ 33-1906. Licensed property management company;
training program
§ 33-1907. Registration with one‐call notification center
ARTICLE 1. GENERAL PROVISIONS
§ 33-1901. Definitions
In this article, unless the context otherwise requires:
1. "Managing agent" means a person, corporation,
partnership or limited liability company that is
authorized by the owner to operate and manage
the property.
2. "Residential rental property" means property that
is used solely as leased or rented property for residential
purposes. If the property is a space rental
mobile home park, residential rental property
includes the rental space that is leased or rented by
the owner of that rental space but does not include
the mobile home or recreational vehicle that serves
as the actual dwelling if the dwelling is owned and
occupied by the tenant of the rental space and not
by the owner of the rental space.
3. "Slum property" means residential rental property
that has deteriorated or is in a state of disrepair
and that manifests one or more of the following
conditions that are a danger to the health or safety
of the public:
(a) Structurally unsound exterior surfaces, roof,
walls, doors, floors, stairwells, porches or railings.
(b) Lack of potable water, adequate sanitation
facilities, adequate water or waste pipe connections.
(c) Hazardous electrical systems or gas connections.
(d) Lack of safe, rapid egress.
(e) Accumulation of human or animal waste,
medical or biological waste, gaseous or combustible
materials, dangerous or corrosive liquids,
flammable or explosive materials or
drug paraphernalia.
§ 33-1902. Residential rental property; recording with
the assessor; agent designation; civil penalty; fee
A. An owner of residential rental property shall maintain
with the assessor in the county where the property is
located information required by this section in a manner
to be determined by the assessor. The owner shall
update any information required by this section within
ten days after a change in the information occurs. The
following information shall be maintained:
1. The name, address and telephone number of the
property owner.
2. If the property is owned by a corporation, limited
liability company, partnership, limited partnership,
trust or real estate investment trust, the name,
address and telephone number of any of the following:
(a) For a corporation, a corporate officer.
(b) For a partnership, a general partner.
(c) For a limited liability company, the managing
or administrative member.
(d) For a limited partnership, a general partner.
(e) For a trust, a trustee.
(f) For a real estate investment trust, a general
partner or an officer.
3. The street address and parcel number of the property.
4. The year the building was built.
B. An owner of residential rental property who lives outside
this state shall designate and record with the assessor
a statutory agent who lives in this state and who
will accept legal service on behalf of the owner. The
owner shall designate the agent in a manner to be
determined by the assessor. The information shall
include the name, address and telephone number of the
agent.
C. Residential rental property shall not be occupied if the
information required by this section is not on file with
the county assessor. If the owner has not filed the information
required by this section with the county assessor
and the residential rental property is occupied by a
tenant and the tenant chooses to terminate the tenancy,
the tenant shall deliver to the landlord, owner or managing
agent of the property a written ten day notice to
comply with this section. The notice shall be delivered
by certified mail, return receipt requested, or by hand
delivery. If the owner does not comply with this section
within ten days after receipt of the notice, the tenant
may terminate the rental agreement and the landlord
shall return all prepaid rent to the tenant. Security
deposits shall be returned in accordance with section
33-1321, subsection D. The landlord shall return those
monies by certified mail, return receipt requested, or by
hand delivery to the tenant within ten days after the
termination of the rental agreement. This subsection
applies to any existing lease and to any new lease after
August 25, 2004. Notwithstanding this subsection, an
owner is in compliance with this subsection only if the
owner had filed the information required by subsection
A of this section with the county assessor.
D. All records, files and documents that are required by
this section are public records.
E. For residential rental property that is acquired by an
owner after the date of the notice of assessed valuation
and the notice prescribed by section 42-15103 and until
the issuance of the next notice of assessed valuation, a
city or town shall assess a civil penalty of one thousand
dollars against a person who fails to comply with this
section, plus an additional one hundred dollars for each
month after the date of the original violation until compliance
occurs. The court shall not suspend any portion of the civil penalty provided by this subsection.
F. Notwithstanding subsection E of this section, if a person
complies within ten days after receiving the complaint
that notices the violation, the court shall dismiss
the complaint and shall not impose a civil penalty.
G. Except for newly acquired residential rental property as
prescribed by subsection E of this section, if a residential
rental property owner fails to register with the
county assessor as prescribed by this section, the city or
town may impose a civil penalty in the amount of one
hundred fifty dollars per day for each day of violation
after the date of the most recent notice of assessed valuation
and the notice prescribed by section 42-15103. If a
person complies within ten days after receiving the
notice from the county assessor, the court shall dismiss
the complaint and shall not impose a civil penalty.
H. In carrying out this section, the county assessor shall
have immunity as provided in section 12-820.01.
I. The county assessor may assess a fee of not more than
ten dollars for each initial registration and each change
of information in the registry.
J. On request from a city or town the county assessor
shall provide the most current list of all registered
rental property owners within the city's or town's
boundaries.
§ 33-1903. Appointment of temporary receiver; term;
duties, accounting
A. This state or a city, town or county of this state may
apply to the superior court for the appointment of a
temporary receiver to manage a property that is designated
as a slum property by a city, town or county or
the state.
B. If the court determines that the appointment of a temporary
receiver is necessary, the court may order the
appointment of a temporary receiver to manage or
operate the premises for as long as the court deems necessary.
The court shall not appoint a temporary receiver
for a term of more than one year.
C. A temporary receiver who is appointed pursuant to
subsection B of this section either shall be a real estate
licensee specializing in property management or an
attorney specializing in real estate law and shall swear
or affirm to faithfully and fairly discharge the receiverʹs
duties. The court may require the temporary receiver to
post a bond in an amount fixed by the court.
D. The court shall determine the following:
1. The management duties of the receiver.
2. The amount of compensation to be paid to the
receiver.
3. The method of payment.
4. The payment periods.
E. The temporary receiver shall continue to manage the
property during the pendency of any appeal or until
relieved by the court. The court may remove a temporary
receiver on its own motion or on the motion of any
party or the temporary receiver.
F. The temporary receiver may do any of the following:
1. Take control of the property.
2. Pay the mortgage on the property if there are sufficient
monies derived from the income of the property
to do so.
3. Collect rents due on the property.
4. Make or have made any repairs that are necessary
to bring the property into compliance with any
statute or ordinance.
5. Make payments that are necessary for the maintenance
or restoration of utilities to the property.
6. Purchase materials that are necessary to make
repairs.
7. Renew, terminate or modify existing rental contracts
and leases as provided by law.
8. Enter into new rental contracts and leases.
9. Affirm, renew or terminate an existing insurance
contract that covers the property as provided by
law.
10. Enter into a new contract that provides for insurance
coverage on the property.
11. Hire security or other personnel that are necessary
for the safe and proper operation and maintenance
of the property.
12. Prosecute or defend suits that flow from the management
of the property and retain counsel.
13. Exercise all other authority that an owner of the
property would have except the authority to sell
the property.
G. Before the receiver spends monies in excess of ten thousand
dollars the court and the party who is responsible
for the payment of the temporary receiverʹs expenditures
shall approve the expenditure of those monies.
H. The costs of compensation to and expenditures by the
temporary receiver shall be paid in the following order
of priority:
1. From the income that is derived from the property
and that is available after all taxes and mortgages
are satisfied.
2. By the party who requested the appointment of the
temporary receiver.
I. On filing with the county recorder of the county in
which the property is located, a lien is created in favor
of the party who pays the temporary receiverʹs costs of
compensation and expenditures other than the defendant.
The lien is prior to all other liens, obligations or
encumbrances except for prior recorded mortgages,
restitution liens, child support liens and general tax
liens.
J. On the completion of the receivership, the temporary
receiver shall file with the court a full accounting of all
costs and expenses incurred and all income received
during course of the receivership.
K. On finding that the appointment of a temporary
receiver is no longer warranted, the court on its own
motion or the motion of any party may terminate the
temporary receivership.
L. After all violations have been cured, the temporary
receivership shall be terminated.
§ 33-1904. Inspections
A. In addition to any other statute or ordinance providing
for the inspection of property, a city, town or county or
the state may inspect the residential rental property if
either of the following occurs:
1. A property owner fails to comply with the provisions
of section 33-1902. The property is subject to
immediate inspection until there is compliance. If
the property is occupied, the inspecting authority
shall request consent of the tenant before entering
the interior of the structure. Except as otherwise
provided by law, the right of inspection does not
extend to the interior of a dwelling unit in a space
rental mobile home park or recreational vehicle
park that is not owned by a landlord unless the
tenant is in possession of the dwelling unit or, if the
dwelling unit is vacant or abandoned, the owner
consents to the inspection. If the tenant refuses to
consent to the entry, the inspecting authority has
recourse to any remedy provided by law to secure
entry.
2. A property has been designated as a slum property
by a city, town or county or the state. The city,
town, county or state may annually inspect a property
designated as a slum property for three consecutive
years. A city, town or county or the state
shall establish the process by which a property is
designated as a slum property.
B. The property owner is responsible for the costs of an
inspection that is conducted pursuant to this section. If
the property that is inspected is a dwelling unit in a
space rental mobile home park or recreational vehicle
park that is not owned by a landlord, the owner of the
dwelling unit is responsible for the costs of the inspection.
C. On recording a penalty or inspection cost with the
recorder's office in the county in which the property is
located, the penalty or inspection cost is deemed to be
an assessment and is prior to all other liens, obligations
or encumbrances except for liens under title 12, chapter
7, article 12, prior recorded mortgages, restitution liens,
child support liens and general tax liens. If the property
that was inspected was a dwelling unit in a space rental
mobile home park or recreational vehicle park that is
not owned by a landlord, a lien shall not be recorded
against the owner of the property other than the dwelling.
The lien may be filed with the department of transportation
and, if filed, has the same effect as otherwise
provided for in this section.
D. This section shall not affect any other statute or ordinance
pertaining to inspection of property.
§ 33-1905. Slum property; appeal
A. A governmental agency that may designate a residential
rental property as a slum property shall establish
procedures by which the owner of the property may
file an administrative appeal contesting the designation
of the property.
B. The decision at the hearing on the administrative
appeal is the final administrative decision.
C. A party may appeal the administrative decision pursuant
to title 12, chapter 7, article 6.
§ 33-1906. Licensed property management company;
training program
A city or town may require a residential rental property
owner whose property has been designated as a slum or
exhibits the criteria prescribed in section 9-1303, relating to
violations that materially affect the health and safety of the
occupants of the property, to hire a property management
firm that is regulated pursuant to title 32, chapter 20, article
3.1 to manage the property, participate in the city or townʹs
crime free multihousing program, if applicable, and attend
city or town approved landlord tenant training classes if
available from the city or town. The city or town may also
require the property owner to participate in comparable
training provided by a nonprofit corporation that is designated
as a section 501(c)(3), 501(c)(4), 501(c)(5) or 501(c)(6)
corporation and that is certified by the city or town to provide
that training. This shall not apply to mobile home
parks which are in compliance with section 33-1437.
§ 33-1907. Registration with one‐call notification center
This article does not relieve a landlord of an apartment community
as defined in section 40-360.21 or a landlord of a
mobile home park from the obligation to register with a
one-call notification center as prescribed by section 40-
360.32.
TITLE 12. COURTS AND CIVIL PROCEEDINGS
CHAPTER 8. SPECIAL ACTIONS AND PROCEEDINGS RELATING TO PROPERTY
ARTICLE 4. FORCIBLE ENTRY AND DETAINER
Section
§ 12-1171. Acts which constitute forcible entry or
detainer
§ 12-1172. Definition of forcible entry
§ 12-1173. Definition of forcible detainer; substitution of
parties
§ 12-1173.01. Additional definition of forcible detainer
§ 12-1174. Immateriality of time possession obtained by
tenant
§ 12-1175. Complaint and answer; service and return
§ 12-1176. Demand for jury; trial procedure
§ 12-1177. Trial and issue; postponement of trial
§ 12-1178. Judgment; writ of restitution; limitation on
issuance
§ 12-1179. Appeal to superior court; notice; bond
§ 12-1180. Stay of proceedings on judgment; record on
appeal
§ 12-1181. Trial and judgment on appeal; writ of restitution
§ 12-1182. Appeal to supreme court; stay and bond
§ 12-1183. Proceedings no bar to certain actions
ARTICLE 4. FORCIBLE ENTRY AND DETAINER
§ 12-1171. Acts which constitute forcible entry or
detainer
A person is guilty of forcible entry and detainer, or of forcible
detainer, as the case may be, if he:
1. Makes an entry into any lands, tenements or other real
property, except in cases where entry is given by law.
2. Makes such an entry by force.
3. Wilfully and without force holds over any lands, tenements
or other real property after termination of the
time for which such lands, tenements or other real
property were let to him or to the person under whom
he claims, after demand made in writing for the possession
thereof by the person entitled to such possession.
§ 12-1172. Definition of forcible entry
A "forcible entry," or an entry where entry is not given by
law within the meaning of this article, is:
1. An entry without the consent of the person having the
actual possession.
2. As to a landlord, an entry upon the possession of his
tenant at will or by sufferance, whether with or without
the tenantʹs consent.
§ 12-1173. Definition of forcible detainer; substitution
of parties
There is a forcible detainer if:
1. A tenant at will or by sufferance or a tenant from
month to month or a lesser period whose tenancy
has been terminated retains possession after his
tenancy has been terminated or after he receives
written demand of possession by the landlord.
2. The tenant of a person who has made a forcible
entry refuses for five days after written demand to
give possession to the person upon whose possession
the forcible entry was made.
3. A person who has made a forcible entry upon the
possession of one who acquired such possession
by forcible entry refuses for five days after written
demand to give possession to the person upon
whose possession the first forcible entry was made.
4. A person who has made a forcible entry upon the
possession of a tenant for a term refuses to deliver
possession to the landlord for five days after written
demand, after the term expires. If the term
expires while a writ of forcible entry applied for by
the tenant is pending, the landlord may, at his own
cost and for his own benefit, prosecute it in the
name of the tenant.
§ 12-1173.01. Additional definition of forcible detainer
A. In addition to other persons enumerated in this article,
a person in any of the following cases who retains possession
of any land, tenements or other real property
after he receives written demand of possession may be
removed through an action for forcible detainer filed
with the clerk of the superior court in accordance with
this article:
1. If the property has been sold through the foreclosure
of a mortgage, deed of trust or contract for
conveyance of real property pursuant to title 33,
chapter 6, article 2.
2. If the property has been sold through a trusteeʹs
sale under a deed of trust pursuant to title 33,
chapter 6.1.
3. If the property has been forfeited through a contract
for conveyance of real property pursuant to
title 33, chapter 6, article 3.
4. If the property has been sold by virtue of an execution
and the title has been duly transferred.
5. If the property has been sold by the owner and the
title has been duly transferred.
B. The remedies provided by this section do not affect the
rights of persons in possession under a lease or other
possessory right which is superior to the interest sold,
forfeited or executed upon.
C. The remedies provided by this section are in addition
to and do not preclude any other remedy granted by
law.
§ 12-1174. Immateriality of time possession obtained
by tenant
It is not material whether a tenant received possession from
his landlord or became his tenant after obtaining possession.
§ 12-1175. Complaint and answer; service and return
A. When a party aggrieved files a complaint of forcible
entry or forcible detainer, in writing and under oath,
with the clerk of the superior court or a justice of the
peace, summons shall issue no later than the next judicial
day.
B. The complaint shall contain a description of the premises
of which possession is claimed in sufficient detail
to identify them and shall also state the facts which
entitle the plaintiff to possession and authorize the
action.
C. The summons shall be served at least two days before
the return day, and return made thereof on the day
assigned for trial.
§ 12-1176. Demand for jury; trial procedure
A. The clerk or justice of the peace shall at the time of issuing
the summons, if requested by the plaintiff, issue a
venire to the sheriff or constable of the county commanding
him to summon a jury of eight persons, if the
proceeding is in the superior court, and six persons, if
in the justice court, qualified jurors of the county, to
appear on the day set for trial to serve as jurors in the
action. The venire shall be served and returned on the
day assigned for trial. The trial date shall be no more
than five judicial days after the aggrieved party files the
complaint.
B. If the plaintiff does not request a jury, the defendant
may do so when he appears, and the jury shall be summoned
in the manner set forth in subsection A.
C. If any jurors fail to attend, or are excused after being
challenged, the jury shall be completed by causing
other qualified jurors to be summoned immediately.
D. The action shall be docketed and tried as other civil
actions.
§ 12-1177. Trial and issue; postponement of trial
A. On the trial of an action of forcible entry or forcible
detainer, the only issue shall be the right of actual possession
and the merits of title shall not be inquired into.
B. If a jury is demanded, it shall return a verdict of guilty
or not guilty of the charge as stated in the complaint. If
a jury is not demanded the action shall be tried by the
court.
C. For good cause shown, supported by affidavit, the trial
may be postponed for a time not to exceed three calendar
days in a justice court or ten calendar days in the
superior court.
§ 12-1178. Judgment; writ of restitution; limitation on
issuance
A. If the defendant is found guilty, the court shall give
judgment for the plaintiff for restitution of the premises,
for all charges stated in the rental agreement and
for damages, attorney fees, court and other costs and, at
the plaintiffʹs option, all rent found to be due and
unpaid through the periodic rental period, as described
in section 33-1314, subsection C, as provided for in the
rental agreement, and shall grant a writ of restitution.
The person designated by the judge to prepare the
judgment shall ensure that the defendantʹs social security
number is not contained on the judgment.
B. If the defendant is found not guilty, judgment shall be
given for the defendant against the plaintiff for damages,
attorney fees and court and other 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.
C. No writ of restitution shall issue until the expiration of
five calendar days after the rendition of judgment. The
writ of restitution shall be enforced as promptly and
expeditiously as possible. The issuance or enforcement
of a writ of restitution shall not be suspended, delayed
or otherwise affected by the filing of a motion to set
aside or vacate the judgment or similar motion unless a
judge finds good cause.
D. A defendant who is lawfully served with a writ of restitution
and who remains in or returns to the dwelling
unit, as defined in section 33-1310, or remains on or
returns to the mobile home space, as defined in section
33-1409, or the recreational vehicle space, as defined in
section 33-2102, without the express permission of the
owner of the property or the person with lawful control
of the property commits criminal trespass in the third
degree pursuant to section 13-1502.
E. If the defendant is found guilty under subsection A of
this section, the court shall give the defendant notice
that a defendant who is lawfully served with a writ of
restitution and who remains in or returns to the dwelling
unit or remaining on or returns to the mobile home
space or the recreational vehicle space without the
express permission of the owner of the property or the
person with lawful control of the property commits
criminal trespass in the third degree pursuant to section
13-1502.
§ 12-1179. Appeal to superior court; notice; bond
A. Either party may appeal from a justice court to the
superior court in the county in which the judgment is
given by giving notice as in other civil actions within
five calendar days after rendition of the judgment pursuant
to this section. The appeal shall be filed in accordance
with this section, and the time to appeal shall not
be extended or otherwise affected by the filing of a
motion to set aside or vacate the judgment or similar
motion.
B. A party seeking to appeal a judgment shall file with the
notice of appeal a bond for costs on appeal. The justice
of the peace shall set the bond in an amount sufficient
to cover the costs on appeal. The bond shall be payable
to the clerk of the justice court. If a party is unable to file
a bond for costs on appeal, the party shall file with the
justice court a notice of appeal along with an affidavit
stating that the party is unable to give bond for costs on
appeal and the reasons therefor. Within five court days
after the filing of the affidavit, any other party may file,
in the justice court, objections to the affidavit. The justice
of the peace shall hold a hearing on the affidavit
and objections within five court days thereafter. If the
justice court sustains the objections, the appellant shall
file, within five court days thereafter, a bond for costs
on appeal as provided for in this section or in such
lesser amount as ordered by the justice court.
C. A party seeking to appeal a judgment may stay the execution
of either the judgment for possession or any
judgment for money damages by filing a supersedeas
bond. The justice court shall hold a hearing on the
motion within five court days after the parties advise
the justice court of their failure to stipulate on the
amount of the bond. The stay is effective when the
supersedeas bond or bonds are filed.
D. The party seeking to stay the execution of the judgment
for possession shall file a supersedeas bond in the
amount of rent accruing from the date of the judgment
until the next periodic rental date, together with costs
and attorney fees, if any. The tenant shall pay to the
clerk of the justice court, on or before each periodic
rental due date during the pendency of the appeal, the
amount of rent due under the terms of the lease or
rental agreement. Such amounts shall be made payable
by the justice court to the owner, landlord or agent as
they accrue to satisfy the amount of periodic rent due
under the lease or rental agreement. In all cases where
the rent due under the terms of the lease or rental
agreement is paid through the justice court as set forth
in this subsection, the order of the court may include a
one‐time handling fee in the amount of ten dollars to be
paid by the party seeking to stay the execution of the
judgment for possession. In no event shall the amounts
paid per month exceed the amount of monthly rent
charged by the owner for the premises. If the tenant
raises habitability as provided for in sections 33-1324
and 33-1364 as an affirmative defense to the nonpayment
of rent or the tenant has filed a counterclaim
asserting a habitability issue, the justice court shall
retain all money paid under this subsection pending a
final judgment.
E. If during the pendency of the appeal the party seeking
to stay the execution of the judgment for possession
fails to pay the rent on the periodic rental due date, the
party in whose favor a judgment for possession was
issued may move the justice court to lift the stay of the
execution of the judgment for possession. The justice
court shall hear the motion to lift the stay of the execution
of the judgment for possession and release accrued
monies, if any, within five court days from the failure of
the party to pay the periodic rent due under the terms
of the lease or rental agreement. If the judgment
appealed from involves a finding of a material and
irreparable breach pursuant to section 33-1368 or section
33-1476, subsection D, paragraph 3 the justice court
shall treat it as an emergency matter and conduct a
hearing on a motion to lift the stay of execution of the
writ of restitution within three days. If the third day is a
Saturday, Sunday or other legal holiday, the hearing
shall be held on the next day thereafter.
F. The party seeking to stay the execution of the judgment
for money damages shall file a supersedeas bond in the
amount of the judgment, together with costs and attorney
fees, if any. The amount of the bond shall be fixed
by the court and payable to the clerk of the justice court.
§ 12-1180. Stay of proceedings on judgment; record on
appeal
When the appeal bond is filed and approved, the justice of
the peace shall stay further proceedings on the judgment
and immediately prepare a list of all entries on the justice's
docket in the action and transmit it, together with all the
original papers, to the clerk of the superior court of the
county in which the trial was had.
§ 12-1181. Trial and judgment on appeal; writ of restitution
A. On trial of the action in the superior court, appellee, if
out of possession and the right of possession is
adjudged to him, shall be entitled to damages for withholding
possession of the premises during pendency of
the appeal and the court shall also render judgment in
favor of appellee and against appellant and the sureties
on his bond for damages proved and costs.
B. The writ of restitution or execution shall be issued by
the clerk of the superior court and shall be executed by
the sheriff or constable as in other actions.
§ 12-1182. Appeal to supreme court; stay and bond
A. In a forcible entry or forcible detainer action originally
commenced in the superior court, an appeal may be
taken to the supreme court as in other civil actions.
B. The appeal, if taken by the party in possession of the
premises, shall not stay execution of the judgment
unless the superior court so orders, and appellant shall
file a bond in an amount fixed and approved by the
court, conditioned that appellant will prosecute the
appeal to effect and will pay the rental value of the premises
pending the appeal and all damages, costs, and
rent adjudged against him by the superior court or the
supreme court.
§ 12-1183. Proceedings no bar to certain actions
The proceedings under a forcible entry or forcible detainer
shall not bar an action for trespass, damages, waste, rent or
mesne profits.