Residential
Landlord
& Tenant Act
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Betsey Bayless
State of Arizona
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The Secretary of State's Office prints
this booklet for public information.
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THE
OFFICE CANNOT ANSWER ANY OUESTIONS
ABOUT THIS LAW.
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FOR ASSISTANCE, YOU MAY CONTACT
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COMMUNITY INFORMATION AND REFRRAL SERVICES,
INC. (602) 2638856.
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If you live in the City of Phoenix and need
assistance, please call the Landlord Tenant message line at
(602) 262-7210 and a Counselor will return your call as quickly
as possible.
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FOR EMERGENCY SITUATIONS INVOLVING LANDLORDTENANT
ISSUES, PLEASE WALK IN TO CITY HALL AT 200 WEST WASHINGTON,
4th Floor BETWEEN 8 A.M. AND 5 P.M., MONDAY THROUGH
FRIDAY. A COUNSELOR WILL ASSIST YOU With YOUR PROBLEM.
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Free parking is available in the parking garage
at the southwest corner
of Washington Street and 3rd Avenue.
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THE CITY OF PHOENIX HOUSING COUNSELING OFFICE
HOLDS MONTHLY
WORKSHOPS ON THE THIRD THURSDAY OF EACH MONTH. FOR RESERVATIONS,
PLEASE CALL 256-3517.
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You may obtain general information, in either
English or Spanish, free of charge from the Arizona Tenants
Association by calling (602) 257-8987. For more assistance in
exercising your rights, you may be asked to purchase a membership
with the Tenants Association. Memberships vary in price depending
on several factors. Specialty services, such as nspections,
legal representation, and comprehensive programs, are available
at additional cost.
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YOU MAY ALSO CONTACT THE FOLLOWING WITH WHICH
THE CITY OF MESA HAS CONTRACTED: Arizona FEDERATION OF HOUSING
COUNSELORS, INC.
602 257 1715; FAX: 602-254-6080
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OTHER AREAS OF THE State MAY CALL 602-269-3915
OR 1-888-270-0323.
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The Office of the Secretary of State is an equal
opportunity employer.
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Requests for reasonable alternate formats and/or accommodations
can be made five days in advance by contacting the Secretary
of State ADA Coordinator at 6025424285.
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ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT
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Arizona Revised Statutes Title 33, Chapter 10
and other Pertinent Statutes
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TITLE 33, CIIAPTER 10
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Article 1. General Provisions
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Article 2. Landlord Obligations
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Article 3. Tenant Obligations
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Article 4. Remedies
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Article 5. Retaliatory Action
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TITLE 33, CHAPIER
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Article 1. General Provisions
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TITLE 12, CIIAPTER 8
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Article 4. Forcible Entry And Detainer.
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ARIZONA REVISED STATUTES
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TITLE 33. PROPERTY
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CHAPTER 10. ARIZONA RESIDENTIAL LANDLORD AND
TENANT ACT
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ARTICLE 1. GENERAL PROVISIONS
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Section
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33-1301.
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Short title
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33-1302.
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Purposes
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33-1303.
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Supplementary principles of law applicable
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33-1304.
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Applicability of chapter
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33-1305.
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Administration of remedies; enforcement
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33-1306.
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Settlement of disputed claim or right
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33-1307.
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Territorial application
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33-1308.
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Exclusions from application of chapter
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33-1309.
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Jurisdiction and service of process
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33-1310.
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General definitions
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33-1311.
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Obligation of good faith
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33-1312.
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Unconscionability
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33-1313.
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Notice
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33-1314.
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Terms and conditions of rental agreement
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33-1314.01
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Utility charges; submetering; allocation; exemption
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33-1315.
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Prohibited provisions in rental agreements
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33-1316.
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Separation of rents and obligations to maintain property forbidden
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33-1317.
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Discrimination by landlord or lessor against tenant with children
prohibited; classification; exceptions; civil remedy; applicability
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ARTICLE 2. LANDLORD OBLIGATIONS
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Section
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33-1321.
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Security deposits
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33-1322.
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Disclosure and tender of written rental agreement
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33-1323.
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Landlord to supply possession of dwelling unit
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33-1324.
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Landlord to maintain fit premises
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33-1325.
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Limitation of liability
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33-1326.
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Expired
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33-1327.
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Expired
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33-1328.
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Expired
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33-1329.
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Regulation of rents; authority
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ARTICLE 3. TENANT OBLIGATIONS
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Section
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33-1341.
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Tenant to maintain dwelling unit
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33-1342.
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Rules and regulations
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33-1343.
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Access
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33-1344.
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Tenant to use and occupy as a dwelling unit
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ARTICLE 4. REMEDIES
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Section
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33-1361.
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Noncompliance by the landlord
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33-1362.
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Failure to deliver possession
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33-1363.
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Self-help for minor defects
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33-1364.
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Wrongful failure to supply heat, air conditioning, cooling,
water, hot water or essential services
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33-1365.
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Landlord's noncompliance as defense to action for possession
or rent
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33-1366.
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Fire or casualty damage
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33-1367.
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Tenant's remedies for landlord's unlawful ouster, exclusion
or diminution of services
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33-1368.
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Noncompliance with rental agreement by tenant; failure to pay
rent; utility discontinuation; liability for guests; definition
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33-1369.
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Failure to maintain
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33-1370.
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Abandonment; notice; remedies; personal property; definition
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33-1371.
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Acceptance of partial payments
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33-1372.
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Landlord liens; distraint for rent
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33-1373.
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Remedy alter termination
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33-1374.
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Recovery of possession limited
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33-1375.
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Periodic tenancy; holdover remedies
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33-1376.
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Landlord and tenant remedies for abuse of access
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33-1377.
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Special detainer actions; service; trial postponement
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ARTICLE 5.
RETALIATORY ACTION
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Section
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33-1381.
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Retaliatory conduct prohibited
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ARTICLE 1. GENERAL PROVISIONS
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§ 33-1301.
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Short title
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This chapter shall be known and may be cited as the Arizona
Residential Landlord and Tenant Act.
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§ 33-1302.
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Purposes
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Underlying purposes and policies of this chapter are:
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1.
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To simplify, clarify, modernize and revise the law governing
the rental of dwelling units and the rights and obligations
of landlord and tenant.
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2.
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To encourage landlord and tenant to maintain and improve the
quality of housing.
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§ 33-1303.
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Supplementary principles of law applicable
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Unless displaced by the provisions of this chapter, the principles
of law and equity, including the law relating to capacity to
contract, mutuality of obligations, principal and agent, real
property, public health, safety and fire prevention, estoppel,
fraud, misrepresentation, duress, coercion, mistake, bankruptcy
or other validating or invalidating cause supplement its provisions.
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§ 33-1304.
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Applicability of chapter
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This chapter shall apply to the rental of dwelling units. Any
conflict between the provisions of chapter 3 and chapter 7 of
this tide with the provisions of this chapter shall be governed
by the provisions of this chapter.
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§ 33-1305.
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Administration of remedies; enforcement
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A.
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The remedies provided by this chapter shall be so administered
that the aggrieved party may recover appropriate damages. The
aggrieved patty has a duty to mitigate damages.
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B.
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Any right or obligation declared by this chapter is enforceable
by action unless the provision declaring it specifies a different
and limited effect.
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§ 33-1306.
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Settlement of disputed claim or right
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A claim or right arising under this chapter or on a rental
agreement, if disputed in good faith, may be settled by agreement.
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§ 33-1307.
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Territorial application
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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.
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§ 33-1308.
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Exclusions from application of chapter
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Unless created to avoid the application of this chapter, the
following arrangements are not covered by this chapter:
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1.
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Residence at an institution, public or private, if incidental
to detention or the provision of medical, educational, counseling
or religious services.
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2.
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Occupancy under a contract of sale of a dwelling unit or the
property of which it is a part, if the occupant is the purchaser
or a person who succeeds to his interest.
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3.
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Occupancy by a member of a fraternal or social organization
in the portion of a structure operated for the benefit of the
organization.
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4.
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Transient occupancy in a hotel, motel or recreational lodging.
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5.
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Occupancy by an employee of a landlord as a manager or custodian
whose right to occupancy is conditional upon employment in and
about the premises.
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6.
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Occupancy by an owner of a condominium unit or a holder of
a proprietary lease in a cooperative.
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7.
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Occupancy in or operation of public housing as authorized,
provided, or conducted under or pursuant to title 36, chapter
12, or under or pursuant to any federal law or regulation.
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§ 33-1309.
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Jurisdiction and service of process
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A.
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The appropriate court of this state may exercise jurisdiction
over any landlord with respect to any conduct in this state
governed by this chapter or with respect to any claim arising
from a transaction subject to this chapter. In addition to any
other method provided by rule or by statute, personal jurisdiction
over a landlord may be acquired in a civil action or proceeding
instituted in the appropriate court by the service of process
in the manner provided by this section.
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B.
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If a landlord is not a resident of this state or is a corporation
not authorized to do business in this state and engages in any
conduct in this state governed by this chapter, or engages in
a transaction subject to this chapter, he may designate an agent
upon whom service of process may be made in this state. The
agent shall be a resident of this state or a corporation authorized
to do business in this state. The designation shall be in writing
and filed with the secretary of state. If no designation is
made and filed or if process cannot be served in this state
upon the designated agent, process may be served upon the secretary
of state, but the plaintiff or petitioner shall forthwith mail
a copy of the process and pleading by registered or certified
mail to the defendant or respondent at his last reasonably ascertained
address. In the event there is no last reasonably ascertainable
address and if the defendant or respondent has not complied
with § 33-1322, subsections A and B, then service upon the secretary
of state shall be sufficient service of process without the
mailing of copies to the defendant or respondent. Service of
process shall be deemed complete and the time shall begin to
run for the purposes of this section at the time of service
upon the secretary of state. The defendant shall appear and
answer within thirty days after completion thereof in the manner
and under the same penalty as if he had been personally served
with the summons. An affidavit of compliance with this section
shall be filed with the clerk of the court on or before the
return day of the process, if any, or within any further time
the court allows. Where applicable, the affidavit shall contain
a statement that defendant or respondent has not complied with
§ 33-1322, subsections A and B.
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§ 33-1310.
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General definitions
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Subject to additional definitions contained in subsequent articles
of this chapter which apply to specific articles thereof, and
unless the context otherwise requires, in this chapter:
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1.
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"Action" includes recoupment, counterclaim, setoff, suit in
equity and any other proceeding in which rights are determined,
including an action for possession.
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2.
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"Building and housing codes" include any law, ordinance or
governmental regulation concerning fitness for habitation, or
the construction, maintenance, operation, occupancy, use or
appearance of any premises, or dwelling unit.
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3.
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"Delivery of possession means returning dwelling unit keys
to the landlord and vacating the premises.
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4.
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"Dwelling unit" means a structure or the part of a structure
that is used as a home, residence, or sleeping place by one
person who maintains a household or by two or more persons who
maintain a common household. "Dwelling unit" excludes real property
used to accommodate a mobile home, unless the mobile home is
rented or leased by the landlord.
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5.
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"Good faith" means honesty in fact in the conduct or transaction
concerned.
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6.
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"Landlord" means the owner, lessor or sublessor of the dwelling
unit or the building of which it is a part, and it also means
a manager of the premises who fails to disclose as required
by § 33-1322.
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7.
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"Organization" includes a corporation, government, governmental
subdivision or agency, business trust, estate, trust, partnership
or association, two or more persons having a joint or common
interest and any other legal or commercial entity which is a
landlord, owner, manager or constructive agent pursuant to §
33-1322.
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8.
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"Owner" means one or more persons, jointly or severally, in
whom is vested all or part of the legal title to property or
all or part of the beneficial ownership and a right to present
use and enjoyment of the premises. The term includes a mortgagee
in possession.
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9.
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"Person" means an individual or organization.
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10.
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"Premises" means a dwelling unit and the structure of which
it is a part and existing facilities and appurtenances therein,
including furniture and utilities where applicable, and grounds,
areas and existing facilities held out for the use of tenants
generally or whose use is promised to the tenant.
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11.
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"Rent" means payments to be made to the landlord in full consideration
for the rented premises.
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12.
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"Rental agreement" means all agreements, written, oral or implied
by law, and valid rules and regulations adopted under § 33-1342
embodying the terms and conditions concerning the use and occupancy
of a dwelling unit and premises.
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13.
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"Roomer" means a person occupying a dwelling unit that lacks
a major bathroom or kitchen facility, in a structure where one
or more major facilities are used in common by occupants of
the dwelling unit and other dwelling units. Major facility in
the case of a bathroom means toilet, or either a bath or shower,
and in the case of a kitchen means refrigerator, stove or sink.
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14.
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"Security" means money or property given to assure payment
or performance under a rental agreement. "Security" does not
include a reasonable charge for redecorating or cleaning.
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15.
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"Single family residence" means a structure maintained and
used as a single dwelling unit. Notwithstanding that a dwelling
unit shares one or more walls with another dwelling unit, it
is a single family residence if it has direct access to a street
or thoroughfare and shares neither heating facilities, hot water
equipment nor any other essential facility or service with any
other dwelling unit.
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16.
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"Tenant" means a person entitled under a rental agreement to
occupy a dwelling unit to the exclusion of others.
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17.
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"Term of lease" means the initial term or any renewal or extension
of the written rental agreement currently in effect not including
any wrongful holdover period.
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Amended by Laws 1995, Ch. 219, §
3, effective July 13, 1995.
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§ 33-1311.
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Obligation of good faith
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Every duty under this chapter and every act which must be performed
as a condition precedent to the exercise of a right or remedy
under this chapter imposes an obligation of good faith in its
performance or enforcement.
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§ 33-1312.
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Unconscionability
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A.
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If the court, as a matter of law, finds either of the following:
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1.
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A rental agreement or any provision thereof was unconscionable
when made, the court may refuse to enforce the agreement, enforce
the remainder of the agreement without the unconscionable provision,
or limit the application of any unconscionable provision to
avoid an unconscionable result.
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2.
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A settlement in which a party waives or agrees to forego a
claim or right under this chapter or under a rental agreement
was unconscionable at the time it was made, the court may refuse
to enforce the settlement, enforce the remainder of the settlement
without the unconscionable provision, or limit the application
of any unconscionable provision to avoid any unconscionable
result
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B.
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If Unconscionability is put into issue by a party or by the
court upon its own motion the parties shall be afforded a reasonable
opportunity to present evidence as to the setting, purpose and
effect of the rental agreement or settlement to aid the court
in making the determination.
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§ 33-1313.
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Notice
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A.
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A person has notice of a fact if he has actual knowledge of
it' has received a notice or notification of it or from all
the facts and circumstances known to him at the time in question
he has reason to know that it exists. A person "knows" or "has
knowledge" of a fact if he has actual knowledge of it.
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B.
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A person "notifies" or "gives" a notice or notification to
another by taking steps reasonably calculated to inform the
other in ordinary course whether or not the other actually comes
to know of it A person "receives" a notice or notification when
it comes to his attention, or in the case of the landlord, it
is delivered in hand or mailed by registered or certified mail
to the place of business of the landlord through which the rental
agreement was made or at any place held out by him as the place
for receipt of the communication or delivered to any individual
who is designated as an agent by § 331322 or, in the case of
the tenant' it is delivered in hand to the tenant or mailed
by registered or certified mail to him at the place held out
by him as the place for receipt of the communication or, in
the absence of such designation, to his last known place of
residence. If notice is mailed by registered or certified mail,
the tenant or landlord is deemed to have received such notice
on the date the notice is actually received by him or five days
alter the date the notice is mailed, whichever occurs first.
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C.
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"Notice," knowledge or a notice or notification received by
an organization is effective for a particular transaction from
the time it is brought to the attention of the individual conducting
the transaction and in any event from the time it would have
been brought to this attention if the organization had exercised
reasonable diligence.
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§ 33-1314.
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Terms and conditions of rental agreement
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A.
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The landlord and tenant may include in a rental agreement terms
and conditions not prohibited by this chapter or any other rule
of law including rent' term of the agreement and other provisions
governing the rights and obligations of the parties.
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B.
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In the absence of a rental agreement' the tenant shall pay
as rent the fair rental value for the use and occupancy of the
dwelling unit.
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C.
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Rent shall be payable without demand or notice at the time
and place agreed upon by the parties. Unless otherwise agreed,
rent is payable at the dwelling unit and periodic rent is payable
at the beginning of any term of one month or less and otherwise
in equal monthly installments at the beginning of each month.
Unless otherwise agreed, rent shall be uniformly apportionable
from day to day.
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D.
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Unless the rental agreement fixes a definite term, the tenancy
shall be week to week in case of a roomer who pays weekly rent,
and in all other cases month to month.
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E.
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If a municipality that levies a transaction privilege tax on
residential rent changes the percentage of that tax, the landlord
on thirty day written notice to the tenant may adjust the amount
of rent due to equal the difference caused by new percentage
amount of tax. The adjustment to rent shall not occur before
the date upon which the new tax is effective. In order for a
landlord to adjust rent pursuant to this subsection, the landlord's
right to adjust rent pursuant to this subsection shall be disclosed
in the rental agreement.
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Amended by Laws 1995, Ch. 219, §
4, effective July 13, 1995.
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§ 33-1314.01. Utility charges; submetering; allocation; exemption
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A.
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A landlord may charge separately for gas, water, wastewater,
solid waste removal or electricity by installing a submetering
system or by allocating the charges separately through a ratio
utility billing system.
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B.
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If a landlord charges separately for a utility pursuant to
subsection A, the landlord may recover the charges imposed on
the landlord by the utility provider plus an administrative
fee for the landlord for actual administrative costs only. The
landlord shall not impose any additional charges. The rental
agreement shall contain a disclosure that lists the utility
services that are charged separately and shall specify the amount
of any administrative fee that is associated with submetering
or the use of a ratio utility billing system.
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C.
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If provided in the rental agreement, the landlord may impost
a submetering system or ratio utility billing system during
the term of a rental agreement if the landlord provides notice
as prescribed by subsection G.
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D.
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If a landlord is not in compliance with subsection B, the tenant
shall first object in writing to the landlord regarding the
utility billing. If the dispute is not resolved, the tenant
may file a civil complaint in justice court to enforce this
section.
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E.
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If a landlord uses an allocation or submetering system, the
bill format for each billing period shall:
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1.
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Separately state the cost of the charges for the period together
with the opening and the closing meter readings and the dates
of the meter readings.
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2.
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Show the amount of any administrative fee charged.
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F.
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If a landlord does not use a submetering system and allocates
charges separately for gas, water, wastewater, solid waste removal
or electricity, the landlord may allocate the costs to each
tenant by using one or more of the following ratio utility billing
system methods:
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1.
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Per tenant.
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2.
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Proportionately by livable square footage.
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3.
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Per type of unit
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4.
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Per number of water fixtures.
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5.
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For water and wastewater, by use of an individually submetered
hot water usage measure for the tenant's dwelling unit.
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6.
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Any other method that fairly allocates the charges and that
is described in the tenant's rental agreement.
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G.
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If a landlord uses a ratio utility billing system method pursuant
to subsection F, the rental agreement shall contain a specific
description of the ratio utility billing method used to allocate
utility costs. For any existing tenancies, the landlord shall
provide at least ninety days' notice to the tenant before the
landlord begins using a submetering system or allocating costs
through a ratio utility billing system.
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H.
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For purposes of regulating apartment communities as public
or consecutive water systems, the department of environmental
quality shall not adopt rules pursuant to tide 49, chapter 2,
article 9 that are more stringent than those authorized by federal
law. Without other evidence of activities that are subject to
regulation under tide 49, chapter 2, article 9, the department
of environmental quality shall not use an apartment community's
use of a submetering system or a ratio utility billing system
as the sole basis for regulating an apartment community as a
public or consecutive water system.
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Added by Laws 2000, Ch.. 203, §
1, effective July 18, 2000.
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§ 33-1315.
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Prohibited provisions in rental agreements
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A.
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A rental agreement shall not provide that the tenant does any
of the following:
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1.
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Agrees to waive or to forego rights or remedies under this
chapter.
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2.
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Agrees to pay the landlord's attorney's fees, except an agreement
m writing may provide that attorney's fees may be awarded to
the prevailing party in the event of court action and except
that a prevailing party in a contested forcible detainer action
is eligible to be awarded attorney fees pursuant to § 12-341.01
regardless of whether the rental agreement provides for such
an award.
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3.
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Agrees to the exculpation or limitation of any liability of
the landlord arising under law or to indemnify the landlord
for that liability or the costs connected therewith.
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B.
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A provision prohibited by subsection A of this section included
in a rental agreement is unenforceable. If a landlord deliberately
uses a rental agreement containing provisions known by him to
be prohibited, the tenant may recover actual damages sustained
by him and not more than two months' periodic rent.
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§ 33-1316.
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Separation of rents and obligations to maintain property forbidden
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A rental agreement, assignment, conveyance, trust deed
or security instrument may not permit the receipt of
rent free of the obligation to comply with § 33-1324,
subsection A.
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§ 33-1317.
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Discrimination by landlord or lessor against tenant with children
prohibited; classification; exceptions; civil remedy; applicability
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A.
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A person who knowingly refuses to rent to any other person
a place to be used for a dwelling for the reason that the other
person has a child or children, or who advertises in connection
with the rental a restriction against children, either by the
display of a sign, placard or written or printed notice, or
by publication thereof in a newspaper of general circulation,
is guilty of a petty offense.
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B.
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No person shall rent or lease his property to another in violation
of a valid restrictive covenant against the sale of such property
to persons who have a child or children living with them.
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C.
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No person shall rent or lease his property to persons who have
a child or children living with them when his property meets
the definition of housing for older persons m § 411491.04.
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D.
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A person who knowingly rents or leases his property in violation
of the provisions of subsection B or C of this section is guilty
of a petty offense.
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E.
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A person whose rights under this section have been violated
may bring a civil action against a person who violates this
section for all the following:
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1.
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Injunctive or declaratory relief to correct the violation.
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2.
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Actual damages sustained by the tenant or prospective tenant.
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|
|
3.
|
A civil penalty of three times the monthly rent of the housing
accommodation involved in the violation if the violation is
determined to be intentional.
|
|
|
4.
|
Court costs and reasonable attorney fees.
|
|
F.
|
Nothing in this section shall prohibit a person from refusing
to rent a dwelling by reason of reasonable occupancy standards
established by the owner or the owner's agent which apply to
persons of all ages, and which have been adopted and published
before the event in issue. An occupancy limitation of two persons
per bedroom residing in a dwelling unit shall be presumed reasonable
for this state and all political subdivisions of this state.
|
|
G.
|
Subsection B of this section applies only to dwellings occupied
or intended to be occupied by no more than four families living
independently of each other and in which the owner maintains
and occupies one of the living quarters as the owner's residence.
|
|
Amended by Laws 1991, Ch. 181, §
2, effective September21, 1991, retroactively effective to
July 1, 1991. Amended by Laws 1994, Ch. 355, § 2, effective
July 17, 1994.
|
|
ARTICLE 2. LANDLORD OBLIGATIONS
|
|
§ 33-1321.
|
Security deposits
|
|
A.
|
A landlord shall not demand or receive security, however denominated,
including, but not limited to, prepaid rent in an amount or
value in excess of one and one half month's rent. This subsection
does not prohibit a tenant from voluntarily paying more than
one and one half month's rent in advance.
|
|
B.
|
The purpose of all nonrefundable fees or deposits shall be
stated in writing by the landlord. Any fee or deposit not designated
as nonrefundable shall be refundable.
|
|
C.
|
With respect to tenants who first occupy the premises or enter
into a new written rental agreement after January 1, 1996, upon
move in a landlord shall furnish the tenant with a signed copy
of the lease, a move in form for specifying any existing damages
to the dwelling unit and written notification to the tenant
that the tenant may be present at the move out inspection. Upon
request by the tenant, the landlord shall notify the tenant
when the landlord's move out inspection will occur. If the tenant
is being evicted for a material and irreparable breach and the
landlord has reasonable cause to fear violence or intimidation
on the part of the tenant, the landlord has no obligation to
conduct a joint move out inspection with the tenant
|
|
D.
|
Upon termination of the tenancy, property or money held by
the landlord as prepaid rent and security may be applied to
the payment of all rent, and subject to a landlord's duty to
mitigate, all charges as specified in the signed lease agreement,
or as provided in this chapter, including the amount of damages
which the landlord has suffered by reason of the tenant's noncompliance
with §33-1341. Within fourteen days, excluding Saturdays, Sundays
or other legal holidays, after termination of the tenancy and
delivery of possession and demand by the tenant the landlord
shall provide the tenant an itemized list of all deductions
together with the amount due and payable to the tenant, if any.
Unless other arrangements are made in writing by the tenant,
the landlord shall mail, by regular mail, to the tenant's last
known place of residence.
|
|
E.
|
If the landlord fails to comply with subsection D of this section
the tenant may recover the property and money due the tenant
together with damages in an amount equal to twice the amount
wrongfully withheld.
|
|
F.
|
This section does not preclude the landlord or tenant from
recovering other damages to which the landlord or tenant may
be entitled under this chapter.
|
|
G.
|
The holder of the landlord's interest in the premises at the
time of the termination of the tenancy is bound by this section.
|
|
Amended by Laws 1989, Ch. 133, §
1, effective September15, 1989.
Amended by Laws 1995, Ch. 219, § 5, effective July 13,
1995.
|
|
§ 33-1322.
|
Disclosure and tender of written rental agreement
|
|
A.
|
The landlord or any person authorized to enter into a rental
agreement on his 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 a free copy of the Arizona
residential landlord and tenant act is available through the
Arizona secretary of state's office.
|
|
C.
|
The information required to be furnished by this section shall
be kept current and refurnished to tenant upon 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 and B 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.
|
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
|
|
Amended by Laws 1995, Ch. 219, §
6, effective July 13, 1995.
|
|
§ 33-1323. Landlord to supply
possession of dwelling unit
|
|
At the commencement of the term the landlord shall deliver
possession of the premises to the tenant in compliance with
the rental agreement and § 33-1324. The landlord may bring an
action for possession against any person wrongfully in possession
and may recover the damages provided in § 33-1375, subsection
C.
|
|
§ 33-1324. Landlord to maintain fit premises
|
|
A.
|
The landlord shall:
|
|
|
1.
|
Comply with the requirements of applicable building codes materially
affecting health and safety.
|
|
|
2.
|
Make all repairs and do whatever is necessary to put and keep
the premises in a fit and habitable condition.
|
|
|
3.
|
Keep all common areas of the premises in a clean and safe condition.
|
|
|
4.
|
Maintain in good and safe working order and condition all electrical,
plumbing, sanitary, heating, ventilating, air conditioning and
other facilities and appliances, including elevators, supplied
or required to be supplied by him.
|
|
|
5.
|
Provide and maintain appropriate receptacles and conveniences
for the removal of ashes, garbage, rubbish and other waste incidental
to the occupancy of the dwelling unit and arrange for their
removal.
|
|
|
6.
|
Supply running water and reasonable amounts of hot water at
all times, reasonable heat and reasonable air conditioning or
cooling where such units are installed and offered, when required
by seasonal weather conditions, except where the building that
includes the dwelling unit is not required by law to be equipped
for that purpose or the dwelling unit is so constructed that
heat, air-conditioning, cooling or hot water is generated by
an installation within the exclusive control of the tenant and
supplied by a direct public utility connection.
|
|
B.
|
If the duty imposed by subsection A, paragraph 1 of this section
is greater than any duty imposed by any other paragraph of this
section, the landlord's duty shall be determined by reference
to that paragraph.
|
|
C.
|
The landlord and tenant of a single family residence may agree
in writing, supported by adequate consideration, that the tenant
perform the landlord's duties specified in subsection A, paragraphs
S and 6 of this section, and also specified repairs, maintenance
tasks, alterations and remodeling, but only if the transaction
is entered into in good faith, not for the purpose of evading
the obligations of the landlord and the work is not necessary
to cure noncompliance with subsection A, paragraphs 1 and 2
of this section.
|
|
D.
|
The landlord and tenant of any dwelling unit other than a single
family residence may agree that the tenant is to perform specified
repairs, maintenance tasks, alterations or remodeling only if:
|
|
|
1.
|
The agreement of the parties is entered into in good faith
and not for the purpose of evading the obligations of the landlord
and is set forth in a separate writing signed by the parties
and su~ ported by adequate consideration.
|
|
|
2.
|
The work is not necessary to cure noncompliance with subsection
A, paragraphs 1 and 2 of this section.
|
|
|
3.
|
The agreement does not diminish or affect the obligation of
the landlord to other tenants in the premises.
|
|
Amended by Laws 1995, Ch. 219,
§ 7, effective July 13, 1995.
Amended by Laws 2000, Ch. 203, § 2 effective July 18,
2000.
|
|
§ 33-1325.
|
Limitation of liability
|
|
A.
|
Unless otherwise agreed, a landlord, who conveys premises that
include a dwelling unit subject to a rental agreement in a good
faith sale to a bona fide purchaser, is relieved of liability
under the rental agreement and this chapter as to events occurring
subsequent to written notice to the tenant of the conveyance.
He remains liable to the tenant for any property and money to
which the tenant is entitled under § 33-1321.
|
|
B.
|
Unless otherwise agreed, a manager of premises that include
a dwelling unit is relieved of liability under the rental agreement
and this chapter as to events occurring after written notice
to the tenant of the termination of his management.
|
|
§ 33-1326.
|
Expired
|
|
Expired January 1, 1985, except as
to prior notice.
|
|
§ 33-1327.
|
Expired
|
|
Expired January 1, 1985, except as
to prior notice.
|
|
§ 33-1328.
|
Expired
|
|
Expired January 1, 1985, except as
to prior notice.
|
|
§ 33-1329.
|
Regulation of rents; authority
|
|
A.
|
Notwithstanding any other provisions of law to the contrary
the state legislature determines that the imposition of rent
control on private residential housing units by cities, including
charter cities, and towns is of statewide concern. Therefore,
the power to control rents on private residential property is
preempted by the state. Cities, including charter cities, or
towns shall not have the power to control rents.
|
|
B.
|
The provisions of subsection A shall not apply to residential
property which is owned, financed, insured or subsidized by
any state agency, or by any city, including charter city, or
town.
|
|
ARTICLE 3. TENANT'S OBLIGATIONS
|
|
§ 33-1341. Tenant to maintain dwelling unit
|
|
The tenant shall:
|
|
1.
|
Comply with all obligations primarily imposed upon tenants
by applicable provisions of building codes materially affecting
health and safety.
|
|
2.
|
Keep that part of the premises that he occupies and uses as
clean and safe as the condition of the premises permit.
|
|
3.
|
Dispose from his dwelling unit all ashes, rubbish, garbage
and other waste in a clean and safe manner.
|
|
4.
|
Keep all plumbing fixtures in the dwelling unit or used by
the tenant as clean as their condition permits.
|
|
5.
|
Use in a reasonable manner all electrical, plumbing, sanitary,
heating, ventilating, air-conditioning and other facilities
and appliances including elevators in the premises.
|
|
6.
|
Not deliberately or negligently destroy, deface, damage, impair
or remove any part of the premises or knowingly permit any person
to do so.
|
|
7.
|
Conduct himself and require other persons on the premises with
his consent to conduct themselves in a manner that will not
disturb his neighbors' peaceful enjoyment of the premises.
|
|
§ 33-1342.
|
Rules and regulations
|
|
A.
|
A landlord, from time to time, may adopt rules or regulations,
however described, concerning the tenant's use and occupancy
of the premises. Such rules or regulations are enforceable against
the tenant only if:
|
|
|
1.
|
Their purpose is to promote the convenience, safety or welfare
of the tenants in the premises, preserve the landlord's property
from abusive use or make a fair distribution of services and
facilities held out for the tenants generally.
|
|
|
2.
|
They are reasonably related to the purpose for which adopted.
|
|
|
3.
|
They apply to all tenants in the premises in a fair manner.
|
|
|
4.
|
They are sufficiently explicit in prohibition, direction or
limitation of the tenant's conduct to fairly inform the tenant
of what the tenant must or must not do to comply.
|
|
|
5.
|
They are not for the purpose of evading the obligations of
the landlord.
|
|
|
6.
|
The tenant has notice of them at the time the tenant enters
into the rental agreement.
|
|
B.
|
A rule or regulation adopted after the tenant enters into the
rental agreement is enforceable against the tenant if a thirty-day
notice of its adoption is given to the tenant and it does not
constitute a substantial modification of the tenant's rental
agreement.
|
|
C.
|
If state, county, municipal or other governmental bodies adopt
new ordinances, rules or other legal provisions affecting existing
rental agreements, the landlord may make immediate amendments
to lease agreements to bring them into compliance with the law.
The landlord shall give a tenant written notice that the tenant's
lease agreement has been amended, and the notice shall provide
a brief description of the amendment and the effective date.
|
|
Amended by Laws 199s, Ch. 219, §
8, effective July 13, 1995.
|
|
§ 33-1343. Access
|
|
A.
|
The tenant shall not unreasonably withhold consent to the landlord
to enter into the dwelling unit in order to inspect the premises,
make necessary or agreed repairs, decorations, alterations or
improvements, supply necessary or agreed services or exhibit
the dwelling unit to prospective or actual purchasers, mortgagees,
tenants, workmen or contractors.
|
|
B.
|
The landlord may enter the dwelling unit without consent of
the tenant in case of emergency.
|
|
C.
|
The landlord shall not abuse the right to access or use it
to harass the tenant. Except in case of emergency or if it is
impracticable to do so, the landlord shall give the tenant at
least two days' notice of his intent to enter and enter only
at reasonable times.
|
|
D.
|
The landlord has no other right of access except by court order
and as permitted by §§ 33-1369 and 33-1370, or if the tenant
has abandoned or surrendered the premises.
|
|
§ 33-1344. Tenant to use and occupy as a dwelling unit
|
|
Unless otherwise agreed, the tenant shall occupy his dwelling
unit only as a dwelling unit
|
|
ARTICLE 4. REMEDIES
|
|
§ 33-1361. Noncompliance by the landlord
|
|
A.
|
Except as provided in this chapter, if there is a material
noncompliance by the landlord with the rental agreement, including
a material falsification of the written information provided
to the tenant, the tenant may deliver a written notice to the
landlord specifying the acts and omissions constituting the
breach and that the rental agreement will terminate upon a date
not less than ten days after receipt of the notice if the breach
is not remedied in ten days. If there is a noncompliance by
the landlord with § 33-1324 materially affecting health and
safety, the tenant may deliver a written notice to the landlord
specifying the acts and omissions constituting the breach and
that the rental agreement will terminate upon a date not less
than five days after receipt of the notice if the breach is
not remedied in five days. For the purposes of this section,
material falsification shall include availability of the unit,
except when a holdover tenant is in illegal possession or in
violation of the rental agreement, the condition of the premises
and any current services as represented by the landlord in writing
as well as any written representation, as well as any representation
regarding future services and any future changes regarding the
condition of the premises, the provision of utility services
and the designation of the party responsible for the payment
of utility services. The rental agreement shall terminate and
the dwelling unit shall be vacated as provided in the notice
subject to the following:
|
|
|
1.
|
If the breach is remediable by repairs or the payment of damages
or otherwise and the landlord adequately remedies the breach
prior to the date specified in the notice, the rental agreement
will not terminate.
|
|
|
2.
|
The tenant may not terminate for a condition caused by the
deliberate or negligent act or omission of the tenant, a member
of the tenant's family or other person on the premises with
the tenant's consent.
|
|
B.
|
Except as provided in this chapter, the tenant may recover
damages and obtain injunctive relief for any noncompliance by
the landlord with the rental agreement or § 33-1324.
|
|
C.
|
The remedy provided in subsection B of this section is in addition
to any right of the tenant arising under subsection A of this
section.
|
|
D.
|
If the rental agreement is terminated, the landlord shall return
all security recoverable by the tenant under § 33-1321.
|
|
Amended by laws 1995, Ch. 219, §
9, effective July 13, 1995.
|
|
§ 33-1362.
|
Failure to
deliver possession
|
|
A.
|
If the landlord fails to deliver physical possession of the
dwelling unit to the tenant as provided in § 33-1323, rent abates
until possession is delivered and the tenant may do either of
the following:
|
|
|
1.
|
Upon at least five days' written notice to the landlord terminate
the rental agreement and upon termination the landlord shall
return all prepaid rent and security.
|
|
|
2.
|
Demand performance of the rental agreement by the landlord
and, if the tenant elects, maintain an action for possession
of the dwelling unit against the landlord or any person wrongfully
in possession and recover the damages sustained by him.
|
|
B.
|
If the landlord fails to deliver constructive possession to
the tenant because of noncompliance with § 33-1324, rent shall
not abate. Tenant may proceed with the remedies provided for
in § 33-1361.
|
|
C.
|
If a person's failure to deliver possession is willful and
not in good faith, an aggrieved person may recover from that
person an amount not more than two months' periodic rent or
twice the actual damages sustained by him, whichever is greater.
|
|
§ 33-1363.
|
Self-help for minor defects
|
|
A.
|
If the landlord fails to comply with § 33-1324, and the reasonable
cost of compliance is less than three hundred dollars, or an
amount equal to one-half of the monthly rent, whichever amount
is greater, the tenant may recover damages for the breach under
§ 33-1361, sub section B, or may notify the landlord of the
tenant's intention to correct the condition at the landlord's
expense. After being notified by the tenant in writing, if the
landlord fails to comply within ten days or as promptly there
alter as conditions require in case of emergency, the tenant
may cause the work to be done by a licensed contractor and,
alter submitting to the landlord an itemized statement and a
waiver of lien, deduct from his rent the actual and reasonable
cost of the work, not exceeding the amount specified in this
subsection.
|
|
B.
|
A tenant may not repair at the landlord's expense if the condition
was caused by the deliberate or negligent act or omission of
the tenant, a member of the tenant's family or other person
on the premises with the tenant's consent.
|
|
Amended by Laws
1995, Ch. 219, § 10, effective July 13, 1995.
|
|
§ 33-1364.
|
Wrongful failure to supply heat, air conditioning, cooling,
water, hot water or essential services
|
|
A.
|
If contrary to the rental agreement or § 33-1324 the landlord
deliberately or negligently fails to supply running water, gas
or electrical service, or both if applicable, and reasonable
amounts of hot water or heat, air conditioning or cooling, where
such units are installed and offered, or essential services,
the tenant may give reasonable notice to the landlord specifying
the breach and may do one of the following:
|
|
|
1.
|
Procure reasonable amounts of hot water, running water, heat
and essential services during the period of the landlord's noncompliance
and deduct their actual reasonable cost from the rent. If the
landlord has failed to provide any of the utility services specified
in this section due to nonpayment of the landlord's utility
bill for the premises, and if there is no separate utility meter
for each tenant in the premises such that the tenant could avoid
a utility shutoff by arranging to have services transferred
to the tenant's name, the tenant may either individually or
collectively with other tenants arrange with the utility company
to pay the utility bill alter written notice to the landlord
of the tenant's intent to do so. With the utility company's
approval the tenant or tenants may pay the landlord's delinquent
utility bill and deduct from any rent owed to the landlord the
actual cost of the payment the tenant made to restore utility
services. The tenant or tenants may continue to make such payments
to the utility company until the landlord has provided adequate
assurances to the tenant that the above utility services will
be maintained.
|
|
|
2.
|
Recover damages based upon the diminution in the fair rental
value of the dwelling unit.
|
|
|
3.
|
Procure reasonable substitute housing during the period of
the landlord's noncompliance, in which case the tenant is excused
from paying rent for the period of the landlord's noncompliance.
In the event the periodic cost of such substitute housing exceeds
the amount of the periodic rent, upon delivery by tenant of
proof of payment for such substitute housing, tenant may recover
from landlord such excess costs up to an amount not to exceed
twenty-five percent of the periodic rent which has been excused
pursuant to this paragraph.
|
|
B.
|
A landlord shall provide all utilities and services specified
in the lease agreement.
|
|
C.
|
A landlord shall not terminate utility services as specified
in subsection A of this section which are provided to the tenant
as part of the rental agreement, except as necessary to make
needed repairs or as provided in § 331368. Subsequent to the
execution of the rental agreement, a landlord may not transfer
the responsibility for payment of such utility services to the
tenant without the tenant's written consent
|
|
D.
|
If a landlord is in violation of subsection C of this section,
the tenant may recover damages, costs and reasonable attorneys
fees and obtain injunctive relief. Nothing in this section shall
preclude a tenant's right to recover damages as specified in
§ 33-1367.
|
|
E.
|
A lease agreement shall not contain any terms contrary to this
section.
|
|
F.
|
In addition to the remedy provided in paragraph 3 of subsection
A of this section, in the event the landlord's noncompliance
is deliberate, the tenant may recover the actual and reasonable
cost or fair and reasonable value of the substitute housing
not in excess of an amount equal to the periodic rent.
|
|
G.
|
If the tenant proceeds under this section, he may not proceed
under § 33-1361 or § 33-1363 as to that breach, except as to
damages which occur prior to the tenant proceeding under subsection
A or B of this section.
|
|
H.
|
The rights under this section do not arise until the tenant
has given notice to the landlord and such rights do not include
the right to repair. Such rights do not arise if the condition
was caused by the deliberate or negligent act or omission of
the tenant, a member of the tenant's family or other person
on the premises with the tenant's consent.
|
|
Amended by Laws 1995, Ch.k 219, §
11, effective July 13, 199S.
|
|
§ 33-1365. Landlord's noncompliance as defense to action for
possession or rent; definition
|
|
A.
|
In an action for possession based upon nonpayment of
the rent or in an action for rent where the tenant is in possession,
if the landlord is not in compliance with the rental agreement
or this chapter, the tenant may counterclaim for any amount
which he may recover under the rental agreement or this chapter.
In that event after notice and hearing the court from time to
time may order the tenant to pay into court all or part of the
undisputed rent accrued and all periodic rent thereafter accruing
and shall determine the amount due to each party. The party
to whom a net amount is owed shall be paid first from the money
paid into court and the balance, if any, by the other party.
However, if no rent remains due after application of this section,
or if the tenant is adjudged to have acted in geed faith and
satisfies a judgment for rent entered for the landlord, judgment
shall be entered for the tenant in the action for possession.
|
|
B.
|
In an action for rent where the tenant is not in possession,
the tenant may counterclaim as provided in subsection A but
the tenant is not required to pay any rent into court.
|
|
Amended by Laws 1995, Ch.k 219, §
12 effective July 13, 1995.
|
|
§ 33-1366. Fire or casualty damage
|
|
A.
|
If the dwelling unit or premises are damaged or destroyed by
fire or casualty to an extent that enjoyment of the dwelling
unit is substantially impaired, the tenant may do either of
the following:
|
|
|
1.
|
Immediately vacate the premises and notify the landlord in
writing within fourteen days thereafter of his intention to
terminate the rental agreement, in which case the rental agreement
terminates as of the date of vacating.
|
|
|
2.
|
If continued occupancy is lawful, vacate any part of the dwelling
unit rendered unusable by the fire or casualty, in which case
the tenant's liability for rent is reduced in proportion to
the diminution in the fair rental value of the dwelling unit.
|
|
B.
|
If the rental agreement is terminated the landlord shall return
all security recoverable under § 33-1321. Accounting for rent
in the event of termination or apportionment is to occur as
of the date the tenant vacates all or part of the dwelling unit.
|
|
§ 33-1367.
|
Tenant's remedies for landlord's unlawful ouster, exclusion
or diminution of services
|
|
If the landlord unlawfully removes or excludes the tenant
from the premises or willfully diminishes services to the tenant
by interrupting or causing the interruption of electric, gas,
water or other essential service to the tenant, the tenant may
recover possession or terminate the rental agreement and, in
either case, recover an amount not more than two months' periodic
rent or twice the actual damages sustained by him, whichever
is greater. If the rental agreement is terminated the landlord
shall return all security recoverable under § 33-1321.
|
|
§ 33-1368.
|
Noncompliance with rental agreement by tenant; failure to pay
rent; 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 pr~ vided 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 upon 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 shall include the following untrue or
misleading information about the:
|
|
|
1.
|
Number of occupants in the dwelling unit, pets, income of 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 § 331341 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 upon
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 § 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, including but not
limited to an illegal discharge of a weapon, homicide as defined
in §§ 13-1102 through 13-1105, prostitution as defined in §13-3211,
criminal street gang activity as prescribed in § 13-105, activity
as prohibited in § 13-2308, the unlawful manufacturing, selling,
transferring, possessing, using or storing of a controlled substance
as defined in § 13-3451, threatening or intimidating as prohibited
in § 13-1202, assault as prohibited in § 13-1203, acts that
have been found to constitute a nuisance pursuant to § 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 § 33-1377.
|
|
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 § 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. After a judgment has
been entered in a special detainer action in favor of the landlord,
any reinstatement of the rental agreement is solely in the discretion
of the landlord.
|
|
C.
|
The landlord may recover all reasonable damages, resulting
from noncompliance by the tenant with the rental agreement or
§ 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.
|
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 § 12-1181. Disconnections
shall be performed only by a person authorized by the utility
whose service is being discontinued. Nothing in this section
shall 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.
|
The landlord shall hold the tenant's personal property for
a period of twenty-one days beginning on the first day after
a writ of restitution or writ of execution is executed as prescribed
in § 12-1181. The landlord shall use reasonable care in moving
and holding the tenant's property and may store the tenant's
property in an unoccupied dwelling unit owned by the landlord,
the unoccupied dwelling unit formerly occupied by the tenant
or off the premises if an unoccupied dwelling unit is not available.
If the tenant's former dwelling unit is used to store the property,
the landlord may change the locks on that unit at the landlord's
discretion. The landlord shall prepare an inventory and promptly
notify the tenant of the location and cost of storage of the
personal property by sending a notice by certified mail, return
receipt requested, addressed to the tenant's last known address
and to any of the tenant's alternative addresses known to the
landlord. To reclaim the personal property, the tenant shall
pay the landlord only for the cost of removal and storage for
the time the property is held by the landlord. Within five days
after a written offer by the tenant to pay these charges the
landlord must surrender possession of the personal property
in the landlord's possession to the tenant upon the tenant's
tender of payment If the landlord fails to surrender possession
of the personal property to the tenant, the tenant may recover
the possessions or an amount equal to the damages determined
by the court if the landlord has destroyed or disposed of the
possessions before the twenty-one days specified in this section
or after the tenant's offer to pay. The tenant shall pay all
removal and storage costs accrued through the fifth day after
the tenant's offer to pay is received by the landlord or the
date of delivery or surrender of the property, whichever is
sooner. Payment by the tenant relieves the landlord of any further
responsibility for the tenant's possessions.
|
|
F.
|
A tenant does not have any right of access to that property
until all payments specified in subsection E of this section
have been made in full, except that the tenant may obtain clothing
and the tools, apparatus and books of a trade or profession
and identification or financial documents including all those
related to the tenant's immigration status, employment status,
public assistance or medical care. If the landlord holds the
property for the twenty-one day period and the tenant does not
make a reasonable effort to recover it, the landlord,
upon the expiration of twenty-one days as provided in this subsection,
may administer the personal property as provided in § 33-1370,
subsection E. The landlord shall hold personal property after
a writ of restitution or writ of execution is executed for not
more than twenty-one days after such an execution. Nothing in
this subsection shall preclude the landlord and tenant from
making an agreement providing that the landlord will hold the
personal property for a period longer than twenty-one days.
|
|
G.
|
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.
|
|
H.
|
For purposes of this section, "days" means calendar days.
|
|
Amended by Laws 1989, ch. 67,
§ 1; Laws 1989, Ch. 246,
§ 4, effective September15, 1989. Amended by Laws
199Z Ck 304, § 3, effective September 30, 1992; Amended
by laws 1994. Ch. 200, § 22, effective April 19, 1994
Amended by Laws 1995, Ch. 219, § 13, effective July 13,
1995. Amended by Laws 1999, Ch. 4, § 8, effective August
6, 1999.
|
|
§ 33-1369.
|
Failure to maintain
|
|
If there is noncompliance by the tenant with § 33-1341 materially
affecting health and safety that can be remedied by repair,
replacement of a damaged item or cleaning and the tenant fails
to comply as promptly as conditions require in case of emergency
or within fourteen days alter written notice by the landlord
specifying the breach and requesting that the tenant remedy
it within that period of time, the landlord may enter the dwelling
unit and cause the work to be done in a workmanlike manner and
submit an itemized bill for the actual and reasonable cost or
the fair and reasonable value thereof as rent on the next date
when periodic rent is due, or if the rental agreement has terminated,
for immediate payment.
|
|
§ 33-1370.
|
Abandonment; notice; remedies; personal property; definition
|
|
A.
|
If a dwelling unit is abandoned alter the time prescribed in
subsection H of this section, the landlord shall send the tenant
a notice of abandonment by certified mail, return receipt requested,
addressed to the tenant's last known address and to any of the
tenant's alternate addresses known to the landlord. The landlord
shall also post a notice of abandonment on the door to the dwelling
unit or any other conspicuous place on the property for five
days.
|
|
B.
|
Five days alter notice of abandonment has been both posted
and mailed, the landlord may retake the dwelling unit and rerent
the dwelling unit at a fair rental value if no personal property
remains in the dwelling unit. After the landlord retakes the
dwelling unit, money held by the landlord as a security deposit
is forfeited and shall be applied to the payment of any accrued
rent and other reasonable costs incurred by the landlord by
reason of the tenant's abandonment.
|
|
C.
|
If the tenant abandons the dwelling unit, the landlord shall
make reasonable efforts to rent it at a fair rental. If the
landlord rents the dwelling unit for a term beginning prior
to the expiration of the rental agreement, it is deemed to be
terminated as of the date the new tenancy begins. If the landlord
fails to use reasonable efforts to rent the dwelling unit at
a fair rental or if the landlord accepts the abandonment as
a surrender, the rental agreement is deemed to be terminated
by the landlord as of the date the landlord has notice of the
abandonment. If the tenancy is from month to month or week to
week, the term of the rental agreement for this purpose shall
be deemed to be a month or a week, as the case may be.
|
|
D.
|
After the landlord has retaken possession of the dwelling unit,
the landlord may store the tenant's personal possessions in
the unoccupied dwelling unit that was abandoned by the tenant,
in any other available unit or any storage space owned by the
landlord or off the premises if a dwelling unit or storage space
is not available. The landlord shall notify the tenant of the
location of the personal property in the same manner prescribed
in subsection A of this section.
|
|
E.
|
The landlord shall hold the tenant's personal property for
a period of ten days alter the landlord's declaration of abandonment.
The landlord shall use reasonable care in holding the tenant's
personal property. If the landlord holds the property for this
period and the tenant makes no reasonable effort to recover
it, the landlord may sell the property, retain the proceeds
and apply them toward the tenant's outstanding rent or other
costs which are covered in the lease agreement or otherwise
provided for in Title 33, Chapter 10 or Tide 12, Chapter 8 and
have been incurred by the landlord due to the tenant's abandonment.
Any excess proceeds shall be mailed to the tenant at the tenant's
last known address. A tenant does not have any right of access
to that property until the actual removal and storage costs
have been paid in full, except that the tenant may obtain clothing
and the tools, apparatus and books of a trade or profession
and any identification or financial documents, including al
those related to the tenant's irnmigration status, employment
status, public assistance or medical care. If provided by a
written rental agreement, the landlord may destroy or otherwise
dispose of some or all of the property if the landlord reasonably
determines that the value of the property is so low that the
cost of moving, storage and conducting a public sale exceeds
the amount that would be realized from the sale.
|
|
F.
|
For a period of twelve months alter the sale the landlord shall:
|
|
|
1.
|
Keep adequate records of the outstanding and unpaid rent and
the sale of the tenant's personal property.
|
|
|
2.
|
Hold any excess proceeds which have been returned as undeliverable
for the benefit of the tenant.
|
|
G.
|
If the tenant notifies the landlord in writing on or before
the date the landlord sells or otherwise disposes of the personal
property that the tenant intends to remove the personal property
from the dwelling unit or the place of safekeeping, the tenant
has five days to reclaim the personal property. To reclaim the
personal property the tenant must only pay the landlord for
the cost of removal and storage for the period the tenant's
personal property remained in the landlord's safekeeping.
|
|
H.
|
In this section "abandonment" means either the absence of the
tenant from the dwelling unit, without notice to the landlord
for at least seven days, if rent fqr the dwelling unit is outstanding
and unpaid for ten days and there is no reasonable evidence
other than the presence of the tenant's personal property that
the tenant is occupying the residence or the absence of the
tenant for at least five days, if the rent for the dwelling
unit is outstanding and unpaid for five days and none of the
tenant's personal property is in the dwelling unit
|
|
Amended by Laws 1995, Ch. 219, §
14, effective July 13, 1995.
|
|
§ 33-1371.
|
Acceptance of partial payments
|
|
A.
|
A landlord is not required to accept a partial payment of rent
or other charges. A landlord accepting a partial payment of
rent or other charges retains the right to proceed against a
tenant only if the tenant agrees in a contemporaneous writing
to the terms and conditions of the partial payment with regard
to continuation of the tenancy. The written agreement shall
contain a date on which the balance of the rent is due. The
landlord may proceed as provided in article 4 of this chapter
and in tide 12, chapter 8 against a tenant in breach of this
agreement or any other breach of the original rental agreement.
If the landlord has provided the tenant with a notice of failure
to pay rent as specified in § 331368, subsection B prior to
the completion of the agreement for partial payment, no additional
notice under § 331368, subsection B is required in case of a
breach of the partial payment agreement.
|
|
B.
|
Except as specified in subsection A of this section, acceptance
of rent, or any portion thereof, with knowledge of a default
by tenant or acceptance of performance by the tenant that varied
from the terms of the rental agreement or rules or regulations
subsequently adopted by the landlord constitutes a waiver of
the right to terminate the rental agreement for that breach.
|
|
Amended by Laws 1992, Ch. 304,
§ 4, effective September 30, 1992. Amended by Laws 1995,
Ch. 219, § 14 is, effective Ju1y 13, 1995.
|
|
§ 33-1372.
|
Landlord liens; distraint for rent
|
|
A.
|
A lien or security interest on behalf of the landlord in the
tenant's household goods is not enforceable unless perfected
before the effective date of this chapter.
|
|
B.
|
Distraint for rent is abolished.
|
|
§ 33-1373.
|
Remedy after termination
|
|
If the rental agreement is terminated, the landlord may have
a claim for possession and for rent and a separate claim for
actual damages for breach of the rental agreement.
|
|
§ 33-1374.
|
Recovery of possession limited
|
|
A landlord may not recover or take possession of the dwelling
unit by action or otherwise, including forcible removal of the
tenant or his possessions, willful diminution of services to
the tenant by interrupting or causing the interruption of electric,
gas, water or other essential service to the tenant, except
in case of abandonment, surrender or as permitted in this chapter.
|
|
Amended by Laws 1995, Ch. 219, §
16, effective July 13, 1995.
|
|
§ 33-1375.
|
Periodic tenancy; holdover remedies
|
|
A.
|
The landlord or the tenant may terminate a week-to-week tenancy
by a written notice given to the other at least ten days prior
to the termination date specified in the notice.
|
|
B.
|
The landlord or the tenant may terminate a month-to-month tenancy
by a written notice given to the other at least thirty days
prior to the periodic rental date specified in the notice.
|
|
C.
|
If the tenant remains in possession without the landlord's
consent after expiration of the term of the rental agreement
or its termination, the landlord may bring an action for possession
and if the tenant's holdover is willful and not in good faith
the landlord, in addition, may recover an amount equal to not
more than two months' periodic rent or twice the actual damages
sustained by the landlord, whichever is greater. If the landlord
consents in writing to the tenant's continued occupancy, §33-1314,
subsection D applies.
|
|
Amended by Laws 1995, Ch. 219, §
17, effective July 13, 1995.
|
|
§ 33-1376.
|
Landlord and tenant remedies for abuse of access
|
|
A.
|
If the tenant refuses to allow lawful access, the landlord
may obtain injunctive relief to compel access, or terminate
the rental agreement. In either case, the landlord may recover
actual damages.
|
|
B.
|
If the landlord makes an unlawful entry or a lawful entry in
an unreasonable manner or makes repeated demands for entry otherwise
lawful but which have the effect of unreasonably harassing the
tenant, the tenant may obtain injunctive relief to prevent the
recurrence of the conduct or terminate the rental agreement
In either case, the tenant may recover actual damages not less
than an amount equal to one month's rent.
|
|
§ 33-1377.
|
Special detainer actions; service; trial postponement
|
|
A.
|
Special detainer actions shall be instituted for remedies prescribed
in § 331368. Except as provided in this section, the procedure
and appeal rights prescribed in tide 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 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 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.
|
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 § 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 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 § 33-1314, subsection C and shall
grant a writ of restitution.
|
|
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.
|
|
Amended by Laws 1992, Ch. 304,
§ 5, effective September 30, 1992
Amended by Laws 1995, Ch. 219, § 18, effective July 13,
1995.
|
|
ARTICLE 5. RETALIATORY ACTION
|
|
§ 33-1381.
|
Retaliatory conduct prohibited
|
|
A.
|
Except as provided in this section, a landlord may not retaliate
by increasing rent or decreasing services or by bringing or
threatening to bring an action for possession after any of the
following:
|
|
|
1.
|
The tenant has complained to a governmental agency charged
with responsibility for enforcement of a building or housing
code of a violation applicable to the premises materially atfecting
health and safety.
|
|
|
2.
|
The tenant has complained to the landlord of a violation under
§ 33-1324.
|
|
|
3.
|
The tenant has organized or become a member of a tenants' union
or similar organization.
|
|
|
4.
|
The tenant has complained to a governmental agency charged
with the responsibility for enforcement of the wage-price stabilization
act
|
|
B.
|
If the landlord acts in violation of subsection A of this section,
the tenant is entitled to the remedies provided in § 33-1367
and has a defense in action against him for possession. In an
action by or against the tenant, evidence of a complaint within
six months prior to the alleged act of retaliation creates a
presumption that the landlord's conduct was in retaliation.
The presumption does not arise if the tenant made the complaint
after notice of termination of the rental agreement. "Presumption",
in this subsection, means that the trier of fact must find the
existence of the fact presumed unless and until evidence is
introduced which would support a finding of its nonexistence.
|
|
C.
|
Notwithstanding subsections A and B of this section, a landlord
may bring an action for possession if either of the following
occurs:
|
|
|
1.
|
The violation of the applicable building or housing code was
caused primarily by lack of reasonable care by the tenant or
other person in his household or upon the premises with his
consent.
|
|
|
2.
|
The tenant is in default in rent
|
|
The maintenance of the action does not release the landlord
from liability under § 331361, subsection B.
|
|
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
|
|
33-1903.
|
Appointment of temporary receiver; term; duties, accounting
|
|
33-1904.
|
Inspections
|
|
33-1905.
|
Slum property; appeal
|
|
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.
|
|
Added by Laws 1999, Ch. 4,
§ 10, effective August 6, 1999.
Amended by Laws 2000, Ch. 283, § 10, effective July 18,
2000.
|
|
§ 33-1902.
|
Residential rental property; recording with the assessor; agent
designation; civil penalty
|
|
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 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.
This subsection does not affect any existing lease.
|
|
D.
|
All records, files and documents that are required by this
section are public records.
|
|
E.
|
A person who fails to comply with any provision of this section
shall be assessed a civil penalty of one thousand dollars, 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.
|
In carrying out the provisions of this section the county assessor
shall have immunity as provided in section 12-820.01.
|
|
Added by Laws 1999, Ch. 4,
§ 10, effective August 6, 1999.
Amended by Laws 2000, Ch. 283, § 11, effective
July 18,2000.
|
|
§ 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 not in compliance with section
331902 and 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 to remedy the condition for which the
property is registered or to cause the owner to register the
property, 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 receiver's 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 receiver 5 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 receiver 5 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 the 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.
|
On compliance with section 331902 and alter all violations
have been cured, the temporary receivership shall be terminated.
|
|
Added by Laws 1999, Ch. 4,
§ 10, effective August 6, 1999. Amended by Laws 2000,
Ch. 283, § 12, effective July 18, 2000.
|
|
§ 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
331902. 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 tide 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.
|
|
Added by Laws 1999, Ch. 4,
§ 10, effective August 6, 1999.
|
|
§ 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
tide 12, chapter 7, article 6.
|
|
Added by Laws 1999, Ch. 4,
§ 10, effective August 6, 1999.
Amended by Laws 2000, Ch. 283, § 13, effective July 18,
2000.
|
|
TITLE 12. COURTS AND CWIL 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 (~n 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.
|
Willfully 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, alter 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 tenant's
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 alter his tenancy has been terminated or alter 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 alter 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 alter 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 alter written demand, alter 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.
|
|
Amended by Laws 1983, Ch. 234, §
1. Amended by Laws 1987, Ch. 263, Ch. 1.
|
|
§ 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 alter he received
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 trustee's 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 tide 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.
|
|
Added by Laws l984, Ch.. 121, §
2.
|
|
§ 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 alter 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 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.
|
|
Amended by Laws 1989, Ch. 246. §
1, effective September 15.1989.
|
|
§ 121176.
|
Demand for jury; trial
procedure
|
|
A.
|
The clerk or justice of the peace shall at the time of issuing
the summons, if requested by 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 alter 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 alter 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.
|
|
Amended by Laws 1984, Ch. 10, §
1. Amended by Laws 1989, Ch. 246, § 2 effective
September15, 1989.
|
|
§ 12-1177.
|
Thai 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.
|
|
Amended by Laws 1992, Ch. 304,
§ 1, effective September 30, 1992
|
|
§ 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 costs
and, at the plaintiff's option, for all rent found to be due
and unpaid through the periodic rental period, as described
in § 33-1314, subsection C, as provided for in the rental agreement,
and shall grant a writ of restitution. If the defendant's social
security number is contained on the complaint at the time of
judgment, the person designated by the judge to prepare the
judgment shall ensure the defendant's social security number
is contained on the judgment.
|
|
B.
|
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
|
|
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.
|
|
Amended by Laws 1989, Ch. 246,
§ 3, effective September15, 1989.
Amended by Laws 1995, Ch. 219, § 1, effective July 13,
1995.
|
|
§ 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, which shall be in an amount
set by the justice of the peace sufficient to cover the costs
on appeal. The bond shall be payable to the clerk of the superior
court. If a patty 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 he 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's fees, if any.
The tenant shall pay to the clerk of the superior 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 superior 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
office of the clerk of the superior court as set forth in this
subsection, the order of the court may include a onetime 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. Where habitability
as provided for in sections 33-1324 and 33-1364 has been raised
as an affirmative defense by the tenant to the nonpayment of
rent or when the tenant has filed a counterclaim asserting a
habitability issue, the superior court will retain all money
paid under this sub- section pending a final judgment
|
|
E.
|
If during the pendency of the appeal the party seeking to stay
the execution of the judgment for possession falls to pay the
rent on the periodic rental due date, the party in whose favor
a judgment for possession was issued may move the superior court
to lift the stay of the execution of the judgment for possession.
The superior 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 § 33-1368
or § 33-1476, subsection D, paragraph 3 the superior 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 heard 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's fees, if any.
The amount of the bond shall be fixed by the court and payable
to the clerk of the superior court.
|
|
Amended by Laws 1981, Ch. 143, § 1. Amended by Laws 1992, Ch.
304, § 2, effective September 30, 1992. Amended by Laws 1995,
Ch. 219, § 2, effective July 13, 1995.
|
|
§ 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 flirther proceedings on the judgment and
immediately prepare a transcript 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.
|
|
Amended by Laws 1996, Ch. 95, §
5.
|
|
§ 12-1181.
|
Trail 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.
|
