Arizona 2025 Regular Session

Arizona House Bill HB2837 Compare Versions

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

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1	1	REFERENCE TITLE: landlord tenant; applications; fees; disclosures State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2837 Introduced by Representatives Villegas: Abeytia, Aguilar, Austin, Cavero, Connolly, Crews, De Los Santos, Gutierrez, Liguori, Luna-Njera, Mrquez, Mathis, Peshlakai, Sandoval, Simacek, Stahl Hamilton; Senator Miranda AN ACT amending title 33, chapter 10, article 1, Arizona Revised Statutes, by adding section 33-1314.02; amending section 33-1322, Arizona Revised Statutes; relating to the Arizona residential landlord and tenant act. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: landlord tenant; applications; fees; disclosures
10	10	State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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12	12	Introduced by Representatives Villegas: Abeytia, Aguilar, Austin, Cavero, Connolly, Crews, De Los Santos, Gutierrez, Liguori, Luna-Njera, Mrquez, Mathis, Peshlakai, Sandoval, Simacek, Stahl Hamilton; Senator Miranda
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14	14	REFERENCE TITLE: landlord tenant; applications; fees; disclosures
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40	40	HB 2837
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44	44	Introduced by
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46	46	Representatives Villegas: Abeytia, Aguilar, Austin, Cavero, Connolly, Crews, De Los Santos, Gutierrez, Liguori, Luna-Njera, Mrquez, Mathis, Peshlakai, Sandoval, Simacek, Stahl Hamilton; Senator Miranda
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64	64	AN ACT
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68	68	amending title 33, chapter 10, article 1, Arizona Revised Statutes, by adding section 33-1314.02; amending section 33-1322, Arizona Revised Statutes; relating to the Arizona residential landlord and tenant act.
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 33, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 33-1314.02, to read: START_STATUTE33-1314.02. Rental application fees; additional fees Notwithstanding any other law, a landlord may not charge a prospective tenant: 1. For the cost of a background check or credit report if the prospective tenant provides the tenant's current credit report to the landlord. 2. More than the actual cost of any background check, credit report or other screening process used by the landlord as a condition of receiving, reviewing and considering the potential tenancy of the prospective tenant. A landlord may not charge an application fee or other separate fee to a prospective tenant if the landlord is charging the prospective tenant for a background check, credit report or other screening process. 3. For more than one rental application in any twelve-month period. 4. An additional fee for the use of any service, online portal, AUTOMATIC withdrawal or other similar process for making payments to the landlord.END_STATUTE Sec. 2. Section 33-1322, Arizona Revised Statutes, is amended to read: START_STATUTE33-1322. Disclosure and tender of written rental agreement A. The landlord or any person authorized to enter into a rental agreement on his the landlord's behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of each of the following: 1. The person authorized to manage the premises. 2. An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands. B. At or before the commencement of the tenancy, the landlord shall inform the tenant in writing that the Arizona residential landlord and tenant act is available on the Arizona department of housing's website. C. The information required to be furnished by this section shall be kept current and refurnished to a tenant upon on the tenant's request. This section extends to and is enforceable against any successor landlord, owner or manager. D. A person who fails to comply with subsections A, B and C of this section becomes an agent of each person who is a landlord for the following purposes: 1. Service of process and receiving and receipting for notices and demands. 2. Performing the obligations of the landlord under this chapter and under the rental agreement and expending or making available for the purpose all rent collected from the premises. E. At or before the commencement of the tenancy, The landlord shall disclose to the tenant: 1. On the first page of the rental agreement The exact amount of the periodic rent and the exact amount of any mandatory fees or EXPENSES, without regard to how those fees or expenses are designated, and the due date for those payments. The landlord shall include the same DISCLOSURES in any advertisement or other PROMOTIONAL material that states the periodic rental rate and shall include those disclosures in any web-based promotional materials, including the website for the rental premises. 2. Any additional fees or costs that may be chargeable to the tenant and that are not included in the periodic rental rate, INCLUDING charges for trash valet or for upgrades to the rental premises necessary to use smart devices, and any other additional fees or costs, including taxes. The landlord shall include the same DISCLOSURES in any advertisement or other PROMOTIONAL material that states the periodic rental rate and shall include those disclosures in any web-based promotional materials, including the website for the rental premises. E. F. If there is a written rental agreement, the landlord must tender and deliver a signed copy of the rental agreement to the tenant and the tenant must sign and deliver to the landlord one fully executed copy of such rental agreement within a reasonable time after the agreement is executed. A written rental agreement shall have all blank spaces completed. Noncompliance with this subsection shall be deemed a material noncompliance by the landlord or the tenant, as the case may be, of the rental agreement.END_STATUTE
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Title 33, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 33-1314.02, to read:
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84	84	START_STATUTE33-1314.02. Rental application fees; additional fees
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86	86	Notwithstanding any other law, a landlord may not charge a prospective tenant:
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88	88	1. For the cost of a background check or credit report if the prospective tenant provides the tenant's current credit report to the landlord.
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90	90	2. More than the actual cost of any background check, credit report or other screening process used by the landlord as a condition of receiving, reviewing and considering the potential tenancy of the prospective tenant. A landlord may not charge an application fee or other separate fee to a prospective tenant if the landlord is charging the prospective tenant for a background check, credit report or other screening process.
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92	92	3. For more than one rental application in any twelve-month period.
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94	94	4. An additional fee for the use of any service, online portal, AUTOMATIC withdrawal or other similar process for making payments to the landlord.END_STATUTE
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96	96	Sec. 2. Section 33-1322, Arizona Revised Statutes, is amended to read:
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98	98	START_STATUTE33-1322. Disclosure and tender of written rental agreement
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100	100	A. The landlord or any person authorized to enter into a rental agreement on his the landlord's behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of each of the following:
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102	102	1. The person authorized to manage the premises.
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104	104	2. An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.
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106	106	B. At or before the commencement of the tenancy, the landlord shall inform the tenant in writing that the Arizona residential landlord and tenant act is available on the Arizona department of housing's website.
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108	108	C. The information required to be furnished by this section shall be kept current and refurnished to a tenant upon on the tenant's request. This section extends to and is enforceable against any successor landlord, owner or manager.
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110	110	D. A person who fails to comply with subsections A, B and C of this section becomes an agent of each person who is a landlord for the following purposes:
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112	112	1. Service of process and receiving and receipting for notices and demands.
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114	114	2. Performing the obligations of the landlord under this chapter and under the rental agreement and expending or making available for the purpose all rent collected from the premises.
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116	116	E. At or before the commencement of the tenancy, The landlord shall disclose to the tenant:
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118	118	1. On the first page of the rental agreement The exact amount of the periodic rent and the exact amount of any mandatory fees or EXPENSES, without regard to how those fees or expenses are designated, and the due date for those payments. The landlord shall include the same DISCLOSURES in any advertisement or other PROMOTIONAL material that states the periodic rental rate and shall include those disclosures in any web-based promotional materials, including the website for the rental premises.
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120	120	2. Any additional fees or costs that may be chargeable to the tenant and that are not included in the periodic rental rate, INCLUDING charges for trash valet or for upgrades to the rental premises necessary to use smart devices, and any other additional fees or costs, including taxes. The landlord shall include the same DISCLOSURES in any advertisement or other PROMOTIONAL material that states the periodic rental rate and shall include those disclosures in any web-based promotional materials, including the website for the rental premises.
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122	122	E. F. If there is a written rental agreement, the landlord must tender and deliver a signed copy of the rental agreement to the tenant and the tenant must sign and deliver to the landlord one fully executed copy of such rental agreement within a reasonable time after the agreement is executed. A written rental agreement shall have all blank spaces completed. Noncompliance with this subsection shall be deemed a material noncompliance by the landlord or the tenant, as the case may be, of the rental agreement.END_STATUTE