Arizona 2025 Regular Session

Arizona House Bill HB2835 Compare Versions

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

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1	1	REFERENCE TITLE: landlord tenant; settlement conferences State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2835 Introduced by Representatives Villegas: Aguilar, Cavero, Connolly, Contreras P, Crews, Gutierrez, Luna-Njera, Mathis, Stahl Hamilton AN ACT amending sections 12-1175, 33-1368 and 33-1377, Arizona Revised Statutes; relating to the Arizona residential landlord and tenant act. (TEXT OF BILL BEGINS ON NEXT PAGE)
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11	11	REFERENCE TITLE: landlord tenant; settlement conferences
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14	14	Introduced by Representatives Villegas: Aguilar, Cavero, Connolly, Contreras P, Crews, Gutierrez, Luna-Njera, Mathis, Stahl Hamilton
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48	48	Representatives Villegas: Aguilar, Cavero, Connolly, Contreras P, Crews, Gutierrez, Luna-Njera, Mathis, Stahl Hamilton
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70	70	amending sections 12-1175, 33-1368 and 33-1377, Arizona Revised Statutes; relating to the Arizona residential landlord and tenant act.
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80	80	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; settlement conferences; 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. Except for an action prescribed by subsection D of this section, the summons shall be served at least two days before the return day, and return made thereof on the day assigned for trial. D. for an action for material breach of the lease as prescribed by section 33-1368, subsection A only or for failure to pay rent as prescribed by section 33-1368, subsection B, the court shall schedule a mandatory settlement CONFERENCE for five days after the eviction notice is served on the tenant. The landlord and tenant shall appear at the settlement CONFERENCE and shall provide the court with copies of the lease, past due rent notices, receipts and any other documents relevant to the settlement conference. If the landlord does not appear at the settlement CONFERENCE, the case is dismissed. If the tenant does not appear at the settlement CONFERENCE, the court shall enter a default judgment against the tenant. If the case is not settled at the settlement CONFEREncE, the case shall be set for an eviction hearing on the fifth business day after the settlement CONFERENCE. The elected justices of the peace shall preside over their individual settlement CONFERENCES, except if the justice of the peace is unable to preside, the settlement conference shall be referred to another elected justice of the peace in that county or in an adjacent county. The court shall track all data relating to MANDATORY EVICTION settlement CONFERENCE results and shall report this data to the administrative office of the courts. D. E. 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 33-1368, Arizona Revised Statutes, is amended to read: START_STATUTE33-1368. Noncompliance with rental agreement by tenant; failure to pay rent; settlement conference; utility discontinuation; liability for guests; definition A. Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, including material falsification of the information provided on the rental application, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. For the purposes of this section, material falsification includes the following untrue or misleading information about the: 1. Number of occupants in the dwelling unit, pets, income of the prospective tenant, social security number and current employment listed on the application or lease agreement. 2. Tenant's criminal records, prior eviction record and current criminal activity. Material falsification of information in this paragraph is not curable under this section. If there is a noncompliance by the tenant with section 33-1341 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than five days after receipt of the notice if the breach is not remedied in five days. However, If the breach is remediable by repair or the payment of damages or otherwise, and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement will not terminate. If there is an additional act of these types of noncompliance of the same or a similar nature during the term of the lease after the previous remedy of noncompliance, the landlord may institute a special detainer action pursuant to section 33-1377 ten days after delivery of a written notice advising the tenant that a second noncompliance of the same or a similar nature has occurred. If there is a breach that is both material and irreparable and that occurs on the premises, which may include an illegal discharge of a weapon, homicide as prescribed in sections 13-1102, 13-1103, 13-1104 and 13-1105, prostitution as defined in section 13-3211, criminal street gang activity as prescribed in section 13-105, activity as prohibited in section 13-2308, the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance as defined in section 13-3451, threatening or intimidating as prohibited in section 13-1202, assault as prohibited in section 13-1203, acts that have been found to constitute a nuisance pursuant to section 12-991 or a breach of the lease agreement that otherwise jeopardizes the health, safety and welfare of the landlord, the landlord's agent or another tenant or involving imminent or actual serious property damage, the landlord may deliver a written notice for immediate termination of the rental agreement and shall proceed under section 33-1377. The foregoing list of actions, which may constitute a material and irreparable breach of a tenant's lease, is not exhaustive. B. A tenant may not withhold rent for any reason not authorized by this chapter. If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement by filing a special detainer action pursuant to section 33-1377. Before the filing of a special detainer action, the rental agreement shall be reinstated if the tenant tenders all past due and unpaid periodic rent and a reasonable late fee set forth in a written rental agreement. After a special detainer action is filed, the rental agreement is reinstated only if the tenant pays all past due rent, reasonable late fees set forth in a written rental agreement, attorney fees and court costs. C. The court, in any special detainer action regarding unpaid rent or material breach of the lease, shall schedule a mandatory settlement CONFERENCE for five days after the eviction notice is served on the tenant and shall proceed as prescribed in section 33-1377. The landlord and tenant shall appear at the settlement CONFERENCE and shall provide the court with copies of the lease, past due rent notices, receipts and any other documents relevant to the settlement conference. If the landlord does not appear at the settlement CONFERENCE, the case is dismissed. If the tenant does not appear at the settlement CONFERENCE, the court shall enter a default judgment against the tenant. The elected justices of the peace shall preside over their individual settlement CONFERENCES, except if the justice of the peace is unable to preside, the settlement conference shall be referred to another elected justice of the peace in that county or in an adjacent county. The court shall track all data relating to MANDATORY EVICTION settlement CONFERENCE results and shall report this data to the administrative office of the courts. D. After a judgment has been entered in a special detainer office action in favor of the landlord, any reinstatement of the rental agreement is solely in the discretion of the landlord. C. E. The landlord may recover all reasonable damages resulting from noncompliance by the tenant with the rental agreement or section 33-1341 or occupancy of the dwelling unit, court costs, reasonable attorney fees and all quantifiable damage caused by the tenant to the premises. D. F. The landlord may discontinue utility services provided by the landlord on the day following the day that a writ of restitution or execution is executed pursuant to section 12-1181. Disconnections shall be performed only by a person authorized by the utility whose service is being discontinued. This section does not supersede standard tariff and operational procedures that apply to any public service corporation, municipal corporation or special districts providing utility services in this state. E. G. On the day following the day that a writ of restitution or execution is executed pursuant to section 12-1181, the landlord shall comply with section 33-1370, subsections D, E, F, G, H and I regarding the tenant's personal property. F. H. For the purposes of this chapter, the tenant shall be held responsible for the actions of the tenant's guests that violate the lease agreement or rules or regulations of the landlord if the tenant could reasonably be expected to be aware that such actions might occur and did not attempt to prevent those actions to the best of the tenant's ability. G. I. For the purposes of this section, "days" means calendar days. END_STATUTE Sec. 3. Section 33-1377, Arizona Revised Statutes, is amended to read: START_STATUTE33-1377. Special detainer actions; service; trial postponement A. Special detainer actions shall be instituted for remedies prescribed in section 33-1368. 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. Except for an action for material breach of the lease as prescribed by section 33-1368, subsection A only or for failure to pay rent as prescribed by section 33-1368, subsection 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 or less than three days from after the date of the summons. The tenant 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 if a copy of the summons is conspicuously posted on the main entrance of the tenant's residence and on the same day the summons is sent by certified mail, return receipt requested, to the tenant'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 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. for an action for material breach of the lease as prescribed by section 33-1368, subsection A only or for failure to pay rent as prescribed by section 33-1368, subsection B, the court shall schedule a mandatory settlement CONFERENCE for five days after the eviction notice is served on the tenant. The landlord and tenant shall appear at the settlement CONFERENCE and shall provide the court with copies of the lease, past due rent notices, receipts and any other documents relevant to the settlement conference. If the landlord does not appear at the settlement CONFERENCE, the case is dismissed. If the tenant does not appear at the settlement CONFERENCE, the court shall enter a default judgment against the tenant. If the case is not settled at the settlement CONFEREncE, the case shall be set for an eviction hearing on the fifth business day after the settlement CONFERENCE. The elected justices of the peace shall preside over their individual settlement CONFERENCES, except if the justice of the peace is unable to preside, the settlement conference shall be referred to another elected justice of the peace in that county or in an adjacent county. The court shall track all data relating to MANDATORY EVICTION settlement CONFERENCE results and shall report this data to the administrative office of the courts. D. E. In an eviction hearing, in addition to determining the right to actual possession, the court may assess damages, attorney fees and costs as prescribed by law. E. F. 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 not 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 ork more than twenty-four hours later. F. G. 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. G. H. 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. END_STATUTE
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82	82	Be it enacted by the Legislature of the State of Arizona:
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84	84	Section 1. Section 12-1175, Arizona Revised Statutes, is amended to read:
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86	86	START_STATUTE12-1175. Complaint and answer; service and return; settlement conferences; notice and pleading requirements
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88	88	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.
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90	90	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.
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92	92	C. Except for an action prescribed by subsection D of this section, the summons shall be served at least two days before the return day, and return made thereof on the day assigned for trial.
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94	94	D. for an action for material breach of the lease as prescribed by section 33-1368, subsection A only or for failure to pay rent as prescribed by section 33-1368, subsection B, the court shall schedule a mandatory settlement CONFERENCE for five days after the eviction notice is served on the tenant. The landlord and tenant shall appear at the settlement CONFERENCE and shall provide the court with copies of the lease, past due rent notices, receipts and any other documents relevant to the settlement conference. If the landlord does not appear at the settlement CONFERENCE, the case is dismissed. If the tenant does not appear at the settlement CONFERENCE, the court shall enter a default judgment against the tenant. If the case is not settled at the settlement CONFEREncE, the case shall be set for an eviction hearing on the fifth business day after the settlement CONFERENCE. The elected justices of the peace shall preside over their individual settlement CONFERENCES, except if the justice of the peace is unable to preside, the settlement conference shall be referred to another elected justice of the peace in that county or in an adjacent county. The court shall track all data relating to MANDATORY EVICTION settlement CONFERENCE results and shall report this data to the administrative office of the courts.
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96	96	D. E. 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
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98	98	Sec. 2. Section 33-1368, Arizona Revised Statutes, is amended to read:
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100	100	START_STATUTE33-1368. Noncompliance with rental agreement by tenant; failure to pay rent; settlement conference; utility discontinuation; liability for guests; definition
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102	102	A. Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, including material falsification of the information provided on the rental application, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. For the purposes of this section, material falsification includes the following untrue or misleading information about the:
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104	104	1. Number of occupants in the dwelling unit, pets, income of the prospective tenant, social security number and current employment listed on the application or lease agreement.
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106	106	2. Tenant's criminal records, prior eviction record and current criminal activity. Material falsification of information in this paragraph is not curable under this section.
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108	108	If there is a noncompliance by the tenant with section 33-1341 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than five days after receipt of the notice if the breach is not remedied in five days. However, If the breach is remediable by repair or the payment of damages or otherwise, and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement will not terminate. If there is an additional act of these types of noncompliance of the same or a similar nature during the term of the lease after the previous remedy of noncompliance, the landlord may institute a special detainer action pursuant to section 33-1377 ten days after delivery of a written notice advising the tenant that a second noncompliance of the same or a similar nature has occurred. If there is a breach that is both material and irreparable and that occurs on the premises, which may include an illegal discharge of a weapon, homicide as prescribed in sections 13-1102, 13-1103, 13-1104 and 13-1105, prostitution as defined in section 13-3211, criminal street gang activity as prescribed in section 13-105, activity as prohibited in section 13-2308, the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance as defined in section 13-3451, threatening or intimidating as prohibited in section 13-1202, assault as prohibited in section 13-1203, acts that have been found to constitute a nuisance pursuant to section 12-991 or a breach of the lease agreement that otherwise jeopardizes the health, safety and welfare of the landlord, the landlord's agent or another tenant or involving imminent or actual serious property damage, the landlord may deliver a written notice for immediate termination of the rental agreement and shall proceed under section 33-1377. The foregoing list of actions, which may constitute a material and irreparable breach of a tenant's lease, is not exhaustive.
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110	110	B. A tenant may not withhold rent for any reason not authorized by this chapter. If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement by filing a special detainer action pursuant to section 33-1377. Before the filing of a special detainer action, the rental agreement shall be reinstated if the tenant tenders all past due and unpaid periodic rent and a reasonable late fee set forth in a written rental agreement. After a special detainer action is filed, the rental agreement is reinstated only if the tenant pays all past due rent, reasonable late fees set forth in a written rental agreement, attorney fees and court costs.
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112	112	C. The court, in any special detainer action regarding unpaid rent or material breach of the lease, shall schedule a mandatory settlement CONFERENCE for five days after the eviction notice is served on the tenant and shall proceed as prescribed in section 33-1377. The landlord and tenant shall appear at the settlement CONFERENCE and shall provide the court with copies of the lease, past due rent notices, receipts and any other documents relevant to the settlement conference. If the landlord does not appear at the settlement CONFERENCE, the case is dismissed. If the tenant does not appear at the settlement CONFERENCE, the court shall enter a default judgment against the tenant. The elected justices of the peace shall preside over their individual settlement CONFERENCES, except if the justice of the peace is unable to preside, the settlement conference shall be referred to another elected justice of the peace in that county or in an adjacent county. The court shall track all data relating to MANDATORY EVICTION settlement CONFERENCE results and shall report this data to the administrative office of the courts.
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114	114	D. After a judgment has been entered in a special detainer office action in favor of the landlord, any reinstatement of the rental agreement is solely in the discretion of the landlord.
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116	116	C. E. The landlord may recover all reasonable damages resulting from noncompliance by the tenant with the rental agreement or section 33-1341 or occupancy of the dwelling unit, court costs, reasonable attorney fees and all quantifiable damage caused by the tenant to the premises.
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118	118	D. F. The landlord may discontinue utility services provided by the landlord on the day following the day that a writ of restitution or execution is executed pursuant to section 12-1181. Disconnections shall be performed only by a person authorized by the utility whose service is being discontinued. This section does not supersede standard tariff and operational procedures that apply to any public service corporation, municipal corporation or special districts providing utility services in this state.
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120	120	E. G. On the day following the day that a writ of restitution or execution is executed pursuant to section 12-1181, the landlord shall comply with section 33-1370, subsections D, E, F, G, H and I regarding the tenant's personal property.
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122	122	F. H. For the purposes of this chapter, the tenant shall be held responsible for the actions of the tenant's guests that violate the lease agreement or rules or regulations of the landlord if the tenant could reasonably be expected to be aware that such actions might occur and did not attempt to prevent those actions to the best of the tenant's ability.
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124	124	G. I. For the purposes of this section, "days" means calendar days. END_STATUTE
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126	126	Sec. 3. Section 33-1377, Arizona Revised Statutes, is amended to read:
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128	128	START_STATUTE33-1377. Special detainer actions; service; trial postponement
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130	130	A. Special detainer actions shall be instituted for remedies prescribed in section 33-1368. Except as provided in this section, the procedure and appeal rights prescribed in title 12, chapter 8, article 4 apply to special detainer actions.
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132	132	B. Except for an action for material breach of the lease as prescribed by section 33-1368, subsection A only or for failure to pay rent as prescribed by section 33-1368, subsection 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 or less than three days from after the date of the summons. The tenant 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 if a copy of the summons is conspicuously posted on the main entrance of the tenant's residence and on the same day the summons is sent by certified mail, return receipt requested, to the tenant'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 in person for the purposes of awarding a money judgment for all rent, damages, costs and attorney fees due.
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134	134	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.
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136	136	D. for an action for material breach of the lease as prescribed by section 33-1368, subsection A only or for failure to pay rent as prescribed by section 33-1368, subsection B, the court shall schedule a mandatory settlement CONFERENCE for five days after the eviction notice is served on the tenant. The landlord and tenant shall appear at the settlement CONFERENCE and shall provide the court with copies of the lease, past due rent notices, receipts and any other documents relevant to the settlement conference. If the landlord does not appear at the settlement CONFERENCE, the case is dismissed. If the tenant does not appear at the settlement CONFERENCE, the court shall enter a default judgment against the tenant. If the case is not settled at the settlement CONFEREncE, the case shall be set for an eviction hearing on the fifth business day after the settlement CONFERENCE. The elected justices of the peace shall preside over their individual settlement CONFERENCES, except if the justice of the peace is unable to preside, the settlement conference shall be referred to another elected justice of the peace in that county or in an adjacent county. The court shall track all data relating to MANDATORY EVICTION settlement CONFERENCE results and shall report this data to the administrative office of the courts.
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138	138	D. E. In an eviction hearing, in addition to determining the right to actual possession, the court may assess damages, attorney fees and costs as prescribed by law.
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140	140	E. F. 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 not 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 ork more than twenty-four hours later.
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142	142	F. G. 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.
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144	144	G. H. 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. END_STATUTE