Arizona 2023 Regular Session

Arizona Senate Bill SB1571 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	REFERENCE TITLE: landlord; tenant; evictions; forms. State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1571 Introduced by Senators Tern: Alston, Gabaldn, Mendez; Representative Salman An Act amending sections 12-1175, 33-361, 33-1305, 33-1404 and 33-2101, Arizona Revised Statutes; relating to forcible entry and detainer actions. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9	REFERENCE TITLE: landlord; tenant; evictions; forms.
10	10	State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
11	11	SB 1571
12	12	Introduced by Senators Tern: Alston, Gabaldn, Mendez; Representative Salman
13	13
14	14	REFERENCE TITLE: landlord; tenant; evictions; forms.
15	15
16	16
17	17
18	18
19	19
20	20
21	21
22	22
23	23
24	24	State of Arizona
25	25
26	26	Senate
27	27
28	28	Fifty-sixth Legislature
29	29
30	30	First Regular Session
31	31
32	32	2023
33	33
34	34
35	35
36	36
37	37
38	38
39	39
40	40	SB 1571
41	41
42	42
43	43
44	44	Introduced by
45	45
46	46	Senators Tern: Alston, Gabaldn, Mendez; Representative Salman
47	47
48	48
49	49
50	50
51	51
52	52
53	53
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64	An Act
65	65
66	66
67	67
68	68	amending sections 12-1175, 33-361, 33-1305, 33-1404 and 33-2101, Arizona Revised Statutes; relating to forcible entry and detainer actions.
69	69
70	70
71	71
72	72
73	73
74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
75	75
76	76
77	77
78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 12-1175, Arizona Revised Statutes, is amended to read: START_STATUTE12-1175. Complaint and answer; service and return; notice and pleading requirements 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 not 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 the premises and shall also state the facts that 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. D. Notwithstanding any other law, an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer. END_STATUTE Sec. 2. Section 33-361, Arizona Revised Statutes, is amended to read: START_STATUTE33-361. Violation of lease by tenant; right of landlord to reenter; summary action for recovery of premises; appeal; lien for unpaid rent; enforcement A. When a tenant neglects or refuses to pay rent when due and in arrears for five days, or when a tenant violates any provision of the lease, the landlord or person to whom the rent is due, or the agent of the landlord or person to whom the rent is due, may reenter and take possession or, without formal demand or reentry, commence an action for recovery of possession of the premises. B. The action shall be commenced, conducted and governed as provided for actions for forcible entry or detainer and shall be tried not less than five nor or more than thirty days after its commencement. In addition to determining the right to actual possession, the court may assess damages, attorney fees and costs pursuant to section 12-1178. C. If judgment is given for the plaintiff, the defendant, in order to perfect an appeal, shall file a bond with the court in an amount fixed and approved by the court and payable to the clerk of the superior court, conditioned that the appellant will prosecute the appeal to effect and will pay the rental value of the premises pending the appeal and all damages, attorney fees, costs and rent adjudged against the appellant. D. If the tenant refuses or fails to pay rent owing and due, the landlord shall have a lien on and may seize as much personal property of the tenant located on the premises and not exempted by law as is necessary to secure payment of the rent. If the rent is not paid and satisfied within sixty days after seizure as provided for in this section, the landlord may sell the seized personal property in the manner provided by section 33-1023. E. When premises are sublet or the lease is assigned, the landlord shall have a like lien against the sublessee or assignee as the landlord has against the tenant and may enforce it in the same manner. F. Notwithstanding any other law, an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer. END_STATUTE Sec. 3. Section 33-1305, Arizona Revised Statutes, is amended to read: START_STATUTE33-1305. Administration of remedies; enforcement A. The remedies provided by this chapter shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages. B. Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. C. Notwithstanding any other law, an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer. END_STATUTE Sec. 4. Section 33-1404, Arizona Revised Statutes, is amended to read: START_STATUTE33-1404. Administration of remedies; enforcement A. The remedies provided by this chapter shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages. B. Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. C. This chapter does not affect any rights under chapter 8, article 1 of this title. D. Notwithstanding any other law, an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer. END_STATUTE Sec. 5. Section 33-2101, Arizona Revised Statutes, is amended to read: START_STATUTE33-2101. Application; duration of stay; exclusions A. This chapter applies to, regulates and determines rights, obligations and remedies for a recreational vehicle space that is rented in a recreational vehicle park or mobile home park by the same tenant under a rental agreement for more than one hundred eighty consecutive days. For a park model or park trailer that is located in a recreational vehicle park or mobile home park, this chapter applies if the space is rented by the same tenant for more than one hundred eighty consecutive days without regard to whether a rental agreement is executed. B. This chapter does not apply to mobile homes, manufactured homes and factory-built buildings or to a property with one or two recreational vehicle rental spaces. C. Notwithstanding any other law, an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer. END_STATUTE
79	79
80	80	Be it enacted by the Legislature of the State of Arizona:
81	81
82	82	Section 1. Section 12-1175, Arizona Revised Statutes, is amended to read:
83	83
84	84	START_STATUTE12-1175. Complaint and answer; service and return; notice and pleading requirements
85	85
86	86	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 not later than the next judicial day.
87	87
88	88	B. The complaint shall contain a description of the premises of which possession is claimed in sufficient detail to identify them the premises and shall also state the facts that entitle the plaintiff to possession and authorize the action.
89	89
90	90	C. The summons shall be served at least two days before the return day, and return made thereof on the day assigned for trial.
91	91
92	92	D. Notwithstanding any other law, an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer. END_STATUTE
93	93
94	94	Sec. 2. Section 33-361, Arizona Revised Statutes, is amended to read:
95	95
96	96	START_STATUTE33-361. Violation of lease by tenant; right of landlord to reenter; summary action for recovery of premises; appeal; lien for unpaid rent; enforcement
97	97
98	98	A. When a tenant neglects or refuses to pay rent when due and in arrears for five days, or when a tenant violates any provision of the lease, the landlord or person to whom the rent is due, or the agent of the landlord or person to whom the rent is due, may reenter and take possession or, without formal demand or reentry, commence an action for recovery of possession of the premises.
99	99
100	100	B. The action shall be commenced, conducted and governed as provided for actions for forcible entry or detainer and shall be tried not less than five nor or more than thirty days after its commencement. In addition to determining the right to actual possession, the court may assess damages, attorney fees and costs pursuant to section 12-1178.
101	101
102	102	C. If judgment is given for the plaintiff, the defendant, in order to perfect an appeal, shall file a bond with the court in an amount fixed and approved by the court and payable to the clerk of the superior court, conditioned that the appellant will prosecute the appeal to effect and will pay the rental value of the premises pending the appeal and all damages, attorney fees, costs and rent adjudged against the appellant.
103	103
104	104	D. If the tenant refuses or fails to pay rent owing and due, the landlord shall have a lien on and may seize as much personal property of the tenant located on the premises and not exempted by law as is necessary to secure payment of the rent. If the rent is not paid and satisfied within sixty days after seizure as provided for in this section, the landlord may sell the seized personal property in the manner provided by section 33-1023.
105	105
106	106	E. When premises are sublet or the lease is assigned, the landlord shall have a like lien against the sublessee or assignee as the landlord has against the tenant and may enforce it in the same manner.
107	107
108	108	F. Notwithstanding any other law, an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer. END_STATUTE
109	109
110	110	Sec. 3. Section 33-1305, Arizona Revised Statutes, is amended to read:
111	111
112	112	START_STATUTE33-1305. Administration of remedies; enforcement
113	113
114	114	A. The remedies provided by this chapter shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages.
115	115
116	116	B. Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.
117	117
118	118	C. Notwithstanding any other law, an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer. END_STATUTE
119	119
120	120	Sec. 4. Section 33-1404, Arizona Revised Statutes, is amended to read:
121	121
122	122	START_STATUTE33-1404. Administration of remedies; enforcement
123	123
124	124	A. The remedies provided by this chapter shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages.
125	125
126	126	B. Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.
127	127
128	128	C. This chapter does not affect any rights under chapter 8, article 1 of this title.
129	129
130	130	D. Notwithstanding any other law, an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer. END_STATUTE
131	131
132	132	Sec. 5. Section 33-2101, Arizona Revised Statutes, is amended to read:
133	133
134	134	START_STATUTE33-2101. Application; duration of stay; exclusions
135	135
136	136	A. This chapter applies to, regulates and determines rights, obligations and remedies for a recreational vehicle space that is rented in a recreational vehicle park or mobile home park by the same tenant under a rental agreement for more than one hundred eighty consecutive days. For a park model or park trailer that is located in a recreational vehicle park or mobile home park, this chapter applies if the space is rented by the same tenant for more than one hundred eighty consecutive days without regard to whether a rental agreement is executed.
137	137
138	138	B. This chapter does not apply to mobile homes, manufactured homes and factory-built buildings or to a property with one or two recreational vehicle rental spaces.
139	139
140	140	C. Notwithstanding any other law, an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer. END_STATUTE